CHANDRA KUMAR RAI
Prabhu Nath Rai – Appellant
Versus
Additional Collector District-Sant Kabir Nagar – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Shrawan Kumar Tripathi, learned counsel for the petitioner, Mr. Ram Krishna, learned counsel for respondent no.4 and Mr. Ashish Chandra Nishad, learned standing counsel for the state-respondents.
2. Brief facts of the case are that petitioner is chak holder no.92 and original holdings of the petitioner are plot nos. 116M, 117, 31 and 180, total area of 0.2880 hect. Petitioner was proposed two chaks by the Assistant Consolidation Officer, 1st chak on plot no.31M, area 0.125 hect and 2nd chak on plot nos. 116M, 117M, 118M, 119M area 0.203 hectare total, area 0.328 hect. Respondent no.4 is chak holder no.211 and original holding of respondent no.4 is plot no.69, area 0.4820 hect. Respondent no.4 was proposed two chaks, 1st chak on plot no.15M and 51M, total area 0.488 hect and 2nd chak on 179M and 180M, area 0.355 hect. Respondent No.5 is chak holder no. 256 and original holding of respondent no. 5 are plot no. 180 & others. Respondent No. 5 was proposed chak on his original plot no. 180M alongwith other plots. Against the proposal made by the Assistant Consolidation Officer, petitioner filed chak objection before the consolidation officer which
The court mandated reconsideration of land allotment claims, emphasizing the necessity of a fair hearing for all affected parties under the U.P. Consolidation of Holdings Act.
The Deputy Director of Consolidation must consider comparative hardship when exercising revisional jurisdiction under the U.P. Consolidation of Holdings Act.
The allotment of roadside plots under consolidation laws must reflect the shares of each holder without illegality in the decision-making process.
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 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.
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.
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 allotment of chak under the U.P. Consolidation of Holdings Act must adhere to the legal provisions regarding equitable distribution among co-sharers, as confirmed in the case.
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 court upheld the D.D.C.'s order modifying chak allotments, affirming that administrative decisions should not be interfered with unless clear illegality or injustice is shown.
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