Point of Law : Power under this section to examine the correctness, legality or propriety of any order includes the power to examine any finding, whether of fact or law, recorded by any subordinate authority, and also includes the power to re-appreciate any oral or documentary evidence.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Niraj Tiwari, learned counsel for the petitioner and Mr. A.P. Singh, learned counsel for respondent nos.3 and 4.

2. The present writ petition has been filed for quashing the impugned order dated 27.9.2006 passed by respondent no.2 and order dated 24.2.2009 passed by respondent no.1 in the allotment of Chak proceedings.

3. The brief facts of the case are that petitioner is Chak Holder No.154 and respondent nos. 3 and 4 are Chak Holder No.156, both parties are co-sharer accordingly Assistant Consolidation Officer proposed Chak to both parties according to the provisions of the Act specially in respect to Plot No.36 and 37 as Plot No.36 was not fit for cultivation so both parties were equally adjusted on Plot No.36 and 37. Against the proposal of Assistant Consolidation Officer, an objection under Section 20 of U.P.C.H. Act was filed by father of respondent nos.3 and 4 claiming Chak on Plot No.7. The excess area given on Ist and IIIrd Chak of respondent nos.3 and 4 be excluded and the same be adjusted on his original Plot no. 7. The shape of IInd Chak on Plot No.37 be modified to the effect that Chak be given on Plot No.37 in eastern side in North-South length. Petitioner also filed objection to the extant that double entry in respect of Chak Marg be expunged. The Consolidation Officer by order dated 27.1.2006 allowed the objection of respondent no.3 and 4 as well as of petitioner partly. Against the order of Consolidation Officer dated 27.1.2006, petitioner and respondent nos.3 and 4 filed their appeals separately under Section 21(2) of U.P.C.H. Act which were numbered as Appeal No.1178 & 1144 respectively. The Assistant Settlement Officer of Consolidation by order dated 12.7.2006 disposed of both the appeals reducing the Chakout area of Plot No.37/2 from 218 air to 56 air in the eastern side of abadi. Petitioner was given the Northern side and respondents were given in Southern side of the Plot No.37/2. The Chak allotted at the stage of Consolidation Officer stage was set aside. Petitioner's claim for allotment in the western side on Plot No.7 taking into account the petitioner's well, was accepted. The claim of the respondents in respect of Chak marg was accepted and Chak marg was given to him in Northern side. Against the order dated 12.7.1996, respondent no.4 filed a restoration application before respondent no.2 who has allowed the restoration application by order dated 27.9.2006 and schedule/chart was also amended accordingly. Petitioner filed a Revision No.7, under Section 48 of U.P.C.H. Act against the order dated 27.9.2006 with the prayer to set aside the order dated 27.9.2006 and maintain the earlier schedule dated 12.7.2006 and the stage of Assistant Consolidation Officer with respect to allotment be restored in the interest of justice. Respondent no.1 heard the Revision No.7 filed by the petitioner but respondent no.1 by impugned order dated 24.2.2009 dismissed the revision without considering the petitioner's case.

4. The contesting respondent no.4 filed Caveat in the aforementioned writ petition through Mr. Anil Kant Tripathi, Advocate and Hon'ble Court heard the writ petition in presence of counsel for the parties and passed order dated 15.4.2009 which is as follows:-

"Learned counsel for the petitioner is permitted to make necessary correction in the a ay of parties.

This writ petition arises out of chak allotment proceedings and the dispute is between real brothers. Petitioner is having one chak while his two brothers having a joint chak. During the course of arguments on the suggestion made by the Court, learned counsel for the parties state that their clients are ready to exchange the chak which will end dispute.

Let this fact be brought on record of the case on an affidavit to be filed by both the parties stating that they are ready to exchange the chak allotted to each other vide amended chart dated 27.1.2006 within one month from today.

List/put up on 18th May, 2009.

Till