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2012 Supreme(All) 1335

[2012(7) ADJ 495]
ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
AWADH NARAIN ....Petitioner
Versus
DEPUTY DIRECTOR OF CONSOLIDATION/A.D.M. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 24414 of 2012, decided on 17th May, 2012)

Advocates:
Counsel :
Arun Kumar and R.S. Misra for the Petitioner; C.S.C., Anuj Kumar and Shri Nath Dwivedi for the Respondents.

Headnote:U.P. Consolidation of Holding Act, 1953—Sections 4(2) and 20(2)—Consolidation—Objection filed thereunder by the farmer—Not considered by concerned authority—Certain guidelines laid down to meet the such objections—The unwise and mechanical approach of the consolidation authorities adversely affects of the livelihood of the marginal farmers—Such casual approach by the consolidation authorities would be violative of Article 21 of the Constitution—Therefore, the order of DDC, unsustainable and liable to be quashed. [Paras 10, 11 and 15]

       Result; Order Accordingly.

       

JUDGMENT

Hon’ble Pradeep Kumar Singh Baghel, J.—This is petition under Article 226 of the Constitution by one Awadh Narain. He has challenged the order of the Deputy Director of Consolidation/Additional District Magistrate (Finance and Revenue) Chitrakoot, respondent No. 1 dated 26.4.2012.

2. Shorn of unnecessary details, the relevant facts leading to the present petition are that the petitioner’s village was brought under the consolidation operation under Section 4(2) of the U.P. Consolidation of Holding Act, 1953 (for short 1953 ‘Act’). The petitioner was proposed two Chaks comprising of Plot Nos. 2150, 254/3 and 254/4, the total area 1.058 hectares and his second Chak on Plots Nos. 140, 141, 142 and 405, area 1.395 hectares. The details of number of chaks have been mentioned in para 5 of writ petition. The respondent No. 2 is the chak holder No. 598, he was proposed two chaks in the Provisional Consolidation Scheme. This fact is evident from CH Form 23, which has been annexed by the petitioner as Annexure-2 to the writ petition. The respondent No. 3 is the chak holder No. 559, is the real brother of respondent No. 2 and he was originally allotted one third share in plot No. 116. The petitioner was not satisfied with the proposed scheme and he wanted his original holding of plot No. 105. He has filed an objection under Section 20(2) of U.P. Consolidation of Holding Act, 1953. The claim of the petitioner was decided by the Consolidation Officer, Mau by order dated 4.3.2011. The claim of the petitioner was partly accepted.

3. Aggrieved by the said order, the petitioner filed appeal before the Settlement Officer in consolidation which was registered as appeal No. 59. The aforesaid appeal was decided and the order of the Consolidation Officer was modified, as the petitioner’s Chak No. 2150 was abolished and the new Chak was carved out. The petitioner was satisfied with the order of the Settlement Officer and as such he did not file revision before respondent No. 1.

4. It is to be noted that the Consolidation Officer vide his order dated 4.3.2011 has also altered/modified the second chak of respondent No. 2, which was proposed of Plot Nos. 116, 117 and 118. The respondent No. 2, aggrieved by the said modification, filed an appeal under Section 21(1) of the Act against the order of the Consolidation Officer dated 4.3.2012 before the Settlement Officer Consolidation. His appeal was registered as Appeal No. 130 of 2011. By the same order vis-a-vis 4.3.2011, the Consolidation Officer has also modified the chak of respondent No. 4 of Plot No. 104, 105, 116, 117 and 118. The respondent No. 3 like respondent No. 2 who have been to his brother also preferred an appeal under Section 21(2) before the Settlement Officer. His appeal was registered as Appeal No. 134 of 2011. The Consolidation Officer in the mean time vide another order dated 2.7.2011 in respect of the other tenure holders modified their chaks by the said order. Again the respondent Nos. 2 and 3 were affected and their chaks were further modified. However, respondent Nos. 2 and 3 did not prefer any appeal against the order of Consolidation Officer dated 2.7.2011.

5. The Settlement Officer Consolidation, Chitrakoot dismissed the appeal Nos. 130 of 2011 and 134 of 2011 by his order dated 30.8.2011, preferred by respondent Nos. 2 and 3 respectively. The copies of the said order has been enclosed by the petitioner as Annexures 6 and 7 to the writ petition.

6. The respondent Nos. 2 and 3 were aggrieved by the order of the Settlement Officer Consolidation, filed two separate revisions Nos. 192 of 2010-11 and 193 of 2010-11 respectively before the Deputy Director of Consolidation, Chitrakoot on 22.9.2011.

7. The Deputy Director of Consolidation by his order dated 26.4.2011 allowed the revision Nos. 192 of 2010-11 and 193 of 2010-11 filed by the respondents No. 2 and 3 by a common judgment. The said order of the Deputy Director of Consolidation is under challenge in the present writ pe


















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