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2016 Supreme(All) 3664
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Neshat Afroz - Appellant
Versus
Collector/Distt. D.D.C. Jaunpur and 6 Others - Respondent
Writ - B No. - 37238, 39762 of 2016
Decided On : 17-10-2016
For the Petitioner:- Kailash Nath Singh, Suresh Chandra Tripathi
For the Respondent:-C.S.C.,S.C. Tripathi, K.N. Singh, Mool Chandra Mishra
The main legal point established in the judgment is the maintainability of applications for demarcation and possession, emphasizing the rights of the transferee of the land in dispute and affirming the jurisdiction of the consolidation authorities to resolve disputes and conduct demarcations.
Headnote:
Demarcation - Land Dispute - U.P. Consolidation of Holdings Act, 1953, Section 24, Section 28, Section 52, Rule 109-A - The court discussed the provisions of the U.P. Consolidation of Holdings Act, 1953, particularly focusing on the demarcation of chaks and the delivery of possession. It emphasized the rights of chak holders and the jurisdiction of consolidation authorities in resolving disputes and conducting demarcations.
Fact of the Case:
The case involved a dispute over the demarcation and possession of land in a village in Jaunpur district, Uttar Pradesh. The petitioners sought mandamus for demarcation and reconstruction of chak maps, while the respondents contested the maintainability of the applications and the jurisdiction of the authorities.
Finding of the Court:
The court found that the application for demarcation and possession was maintainable, emphasizing the rights of the transferee of the land in dispute. It also held that the consolidation authorities had the jurisdiction to resolve disputes and conduct demarcations, dismissing the jurisdictional challenge.
Issues: The key issues revolved around the maintainability of the applications for demarcation and possession, the jurisdiction of the consolidation authorities, and the validity of the demarcation process and related documents.
Ratio Decidendi: The court held that the application for demarcation and possession was maintainable, emphasizing the rights of the transferee of the land in dispute. It also affirmed the jurisdiction of the consolidation authorities to resolve disputes and conduct demarcations, dismissing the jurisdictional challenge.
Final Decision: Writ B No. 37238 of 2016 was allowed, directing the Collector/District Deputy Director of Consolidation Jaunpur to ensure proper demarcation of the specified land within a stipulated period. Writ B No. 39762 of 2016 was dismissed.
Ram Surat Ram (Maurya),J.
1. Heard Sri Kailash Nath Singh, for the petitioner in Writ B No. 37238 of 2016 and Sri Suresh Chandra Tripathi, for the petitioners in Writ B No. 39762 of 2016.
2. Writ B No. 37238 of 2016 has been filed for issue of mandamus, directing the Collector/District Deputy Director of Consolidation Jaunpur, to take appropriate decision in the application dated 03.08.2016, which was filed for directing Settlement Officer Consolidation/Consolidation Officer Badlapur to demarcate chak-1096 (plots 994/1 (area 0.28 acre), 994 (area 0.51 acre), 1025 (area 0.035 acre) and 1026 (area 0.045 acre) of village Manikalan, pargana Anguli, district Jaunpur, within stipulated period. Writ B No. 39762 of 2016 has been filed for issue of mandamus, commanding consolidation authorities, to reconstruct chak map Pustikrit in respect of chaks carved out on plots 993, 994, 995, 1025 and 1026 and CH Form-2-A in respect of plots 993, 994 and 995, situated in village Manikalan, pargana Anguli, district Jaunpur and consolidation authorities be also commanded not to make any demarcation/measurement whatever unless and until chaks are not modified by any consolidation authorities on the basis of CH Form-23 and chak map Pustikrit and for quashing the order dated 30.05.2016, passed by Settlement Officer Consolidation Jaunpur, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
3. During consolidation operation one Smt. Saraswati Devi wife of Ram Adhar was allotted chak-1096. Her second chak was on plots 994/1 (area 0.51 acre), 1025 (area 0.035 acre) and 1026 (area 0.045 acre). She was inherited by her son Rajendra Prasad. Rajendra Prasad executed a sale deed dated 12.09.2001, in respect of his second chak in favour of Krishna Chandra and Saurabh Chandra, who executed a sale deed dated 10.03.2016 in favour of Smt. Neshat Afroz and her minor daughter Jeenab Imtiyaz of that chak. Admittedly, provisional consolidation scheme of the village was confirmed by Settlement Officer Consolidation in 1990 and demarcation of confirmed chaks and delivery of possession was made up to 21.08.1990.
4. Smt. Raijadi wife of Shabbir was allotted chak-86 on plots 1025 (area 0.04 acre) and 1026 (area 0.185 acre). Ejaj Ahmad son of Siddique was allotted chak-203 on plot 1025 (area 0.095 acre). Dr. Wakeel Nazir Educational Welfare Society, Manikalan, Jaunpur purchased aforesaid chaks through sale deeds dated 09.04.2009 and 20.08.2009. Dr. Wakeel Nazir Educational Welfare Society, Manikalan, Jaunpur constructed a school building in it, in which school of Intermediate level is being run.
5. Smt. Neshat Afroz moved an application dated 30.05.2016, before Settlement Officer Consolidation, Jaunpur (although it was addressed to Consolidation Officer Badlapur) that adjoining land holders of the land purchased by her are illegally dismantling demarcation line (med) and encroaching upon her land as such with the help of police force demarcation be made and demarcation lines be re-fixed. On this application, Settlement Officer Consolidation directed Consolidation Officer/Assistant Consolidation Officer for demarcation with the help of police. In pursuance of the aforesaid order, Consolidator made survey on the spot on 09.06.2016 and submitted his report dated 09.06.2016, stating therein that Dr. Wakeel Nazir Educational Welfare Society, Manikalan, Jaunpur had constructed boundary wall of the school, encroaching upon 2 decimal land of Smt. Neshat Afroz, 2 decimal of chak road and one decimal of chak nali.
6. Dr. Wakeel Ahmad (the manager of Dr. Wakeel Nazir Educational Welfare Society, Manikalan, Jaunpur) filed an objection dated 02.07.2016 before Settlement Officer Consolidation, stating therein that Neshat Afroz was illegally encroaching upon the land of chak road and chak nali on plots 1025 and 1026. Assistant Consolidation Officer submitted incorrect report that school boundary was constructed encroaching land of Neshat Afroz and
