JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Srikrishna Mishra assised by Mr. Mohd Mohiuddin Siddiqui, learned counsel for the petitioner, Mr. Tawvab Ahmed Khan, learned counsel for contesting respondent nos. 4 and 5 and learned Standing Counsel for the State respondents.

2. Brief facts of the case are that petitioner and respondent no.3 are real brother. Respondent nos. 4 and 5 are the nephew of the petitioner. Petitioner is chak holder No. 1564 and original holdings of the petitioner are plot Nos. 619, 637, 606M, 652, 589M, total area 0.594 hectare. Petitioner was proposed single chak on plot Nos. 652 and 653M, total area 0.594 hectare. Respondent no.3 is chak holder No. 1676 and original holdings of the respondent no.3 are plot Nos. 629, 637, 606M, 652, 589M, 606 total area 0.490 hectare. Respondent no.3 was proposed single chak on plot Nos. 638, 637 total area 0.514 hectare. Father of respondent nos. 4 and 5 namely Jameer Ahamad was chak holder No. 462 and original holdings of Jameer Ahamad are plot Nos. 619, 637, 606, 652, 589, total area 0.403 hectare. Jameer Ahamad was proposed single chak on plot No. 619 area 0.369 hectare. Petitioner filed a chak objection under Section 21 (