JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Brajesh Shukla, learned counsel for the petitioner, Mr. Tarun Gaur, learned standing counsel for the state-respondents and Mr. Vijay Kumar Rai, learned counsel for respondent nos. 4 & 5.

2. Brief facts of the case are that Village Girdawa Shahanpur, Pargana and Tehsil Nazibabad, District Bijnor was notified under Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the “U.P. C.H. Act”) on 16.8.1992. The petitioner is chak holder no.63 and original holding of the petitioner is 95/1, etc. (total area .388 hect.). The petitioner was proposed chak on plot no. 258, area .293 hect. Respondent nos. 4 & 5 are chak holder no.466. The original holding of respondent nos. 4 & 5 are plot no.258, etc., area 3.688 hect. Respondent nos. 4 & 5 were allotted single chak on plot no.258, etc., area 3.650 etc. A time-barred objection under Section 9 -A(2) of the U.P. C.H. Act was filed by respondent nos. 4 & 5 for declaring the plot no.258 as chak out. Consolidation Officer vide order dated 28.5.2010 excluded the plot no.258, area 3.650 hect. from consolidation scheme. Against the order dated 28.5.2010 passed by the Co