CHANDRA KUMAR RAI
Yashomati – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Awadhesh Kumar Yadav, learned Counsel for the petitioner, Mr. Sanjay Kumar Pandey holding brief of Mr. Amzad Rza, learned counsel for respondent Nos.3 and 4 and Mr. Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents
2. Brief facts of the case are that petitioner is chak holder No. 503 and original plots of petitioner are Gata No. 222, 325/1, 494 M area 0.143. Assistant Consolidation Officer has proposed single chak to the petitioner of plot No. 494 M area 0.141 hectare. Respondent No.3 is chak holder No. 745 and original plots of the respondent No.3 area 457/2, 457/1, 494M area 0.377 hectare. Assistant Consolidation Officer has proposed two chaks to respondent No.3 first chak on plot No. 494M and second chak on plot No.457/1M total area 0.332 hectare. Against the proposal of Assistant Consolidation Officer, chak objection was filed by respondent No.6, which was decided vide order dated 10.04.2023. Against the order of Consolidation Officer dated 10.04.2023 chak appeal under Section 21 (2) of U.P.C.H. Act was filed by respondent No.3 before the Settlement Officer of Consolidation claiming allotment of plot
The Deputy Director of Consolidation must consider comparative hardship of both parties when exercising jurisdiction under Section 48(1) of the U.P. Consolidation of Holdings Act.
The revisional authority under the U.P. Consolidation of Holdings Act can alter allotments if it considers the comparative hardship of all tenure holders, ensuring a just exercise of jurisdiction.
A chak holder's entitlement can only be altered where existing agricultural rights and irrigation sources are preserved, underscoring the importance of statutory compliance in land allocation.
The court upheld the legality of Chak allotment under the U.P.C.H. Act, affirming adherence to principles of rectangulation and consideration of irrigation sources.
The Deputy Director of Consolidation must consider comparative hardship when exercising revisional jurisdiction under the U.P. Consolidation of Holdings Act.
The court emphasized that tenure holders must be allocated chaks on original plots, and procedural fairness requires proper hearing and substitution of deceased parties in consolidation disputes.
Point of Law : Power under this section to examine the correctness, legality or propriety of any order includes the power to examine any finding, whether of fact or law, recorded by any subordinate a....
Roadside land either to be excluded from consolidation operation or to be included in the chak of that chak holder who held it as original.
The allotment of roadside plots under consolidation laws must reflect the shares of each holder without illegality in the decision-making process.
The court upheld the adjustment of chak allotment based on original tenure rights and comparative hardship, affirming the authority's jurisdiction under the U.P. Consolidation of Holdings Act.
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