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SANGEETA CHANDRA
Rakesh Singh – Appellant
Versus
State Of U. P. Thru Collector Sitapur – Respondent
JUDGMENT :
Sangeeta Chandra, J.
1. I have heard Shri Ajay Pratap Singh Vats for the petitioner and Shri Upendra Singh Learned Standing Counsel appearing on behalf of the State Respondents. The petitioner is aggrieved by the order passed by the Consolidation Officer dated 11.10.2019 and also the order passed by the Settlement Officer Consolidtaion dated 16.11.2019 and the rejection of his Revision by the Deputy Director, Consolidation, by order dated 08.01.2020.
2. It is the case of the petitioner that in the proposal made by the Assistant Consolidation Officer, the petitioner was given two Chaks, one over Gata number 8Min, admeasuring 1.439 ha, and the other over Gata number 138Min along with 139 Min and 141 Min, admeasuring 1.337 ha. The petitioner's Chak over Gata number 8 Min was over his original holding but it was at a distance of about 3 km from the village therefore the petitioner moved an objection before the Consolidation Officer, Biswa, praying that his chak should be carved over Gata numbers 155 and 156, which were marked as Bachat land belonging to Gaon Sabha instead of over Gata number 8 Min. The land situated in Gata number 155 in 156 was in the vicinity of his house and
Allotment of Chaks - Consolidation authorities - Section 19 only provides relates to allotment to a tenure holder of chak upon the land to which he has already made some improvements, requires author....
Consolidation authorities must adhere to statutory provisions in allotting chaks, ensuring tenure holders receive compact areas where they hold the largest part of their holdings.
Consolidation authorities must adhere to statutory provisions when allotting chaks, ensuring tenure holders receive compact areas near their largest holdings.
Consolidation authorities must adhere to statutory provisions when allotting chak(s) and provide justifications for deviations to ensure equitable treatment of tenure holders.
Consolidation authorities must adhere to statutory provisions in allotting chaks, ensuring tenure holders receive a compact area at their largest holding and providing reasons for any deviations.
Consolidation authorities must adhere to statutory provisions and provide justifications for deviations in chak allotment; failure to demonstrate genuine grievance leads to dismissal of the petition.
The consolidation authorities must allot compact areas reflecting legal rights under Section 19(1)(e), ensuring valid reasons for any deviations from the standard principles of allotment.
Allotment of chak must prioritize proximity to original holdings, with the possibility of deviations only if justified by consolidation authorities.
The Deputy Director of Consolidation cannot review its orders on merits, but the High Court may refrain from interference if substantial justice is achieved.
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