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SAURABH LAVANIA
Shaukin Khan – Appellant
Versus
Deputy Director of Consolidation – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri. Gibran Akhtar Khan, along with Mohd. Samar Ansari, learned counsel appearing on behalf of the petitioners and Sri. Hemant Kumar Pandey, learned State Counsel.
2. By means of the present petition, the petitioners have assailed the order dated 10.08.2023 passed by the respondent No. 1/Deputy Director Consolidation, District-Lakhimpur Kheri (in short "D.D.C.") in Reference No.65/202254104300000358 (State v. Navisan Begum and Others) instituted under Section 48 (3) of U. P. Consolidation of Holdings Act, 1953 (in short "Act of 1953"), annexed as Annexure No.1 to this petition.
3. The impugned order dated 10.08.2023 passed in exercise of power under Section 48(3) of the Act of 1953 has been challenged broadly on the ground that D.D.C. has no power to review its order(s) on merits.
4. In support of his submission, learned counsel for the petitioners has placed reliance on the following judgments rendered in Writ - B No. 4510 of 2013 (Bhadiya v. D.D.C. and Others); Civil Misc. Writ Petition No. 33955 of 1997 (Shivdhari v. Deputy Director of Consolidation & Ors.); Writ Petition No. 721 of 2005 (Cons) (Jogi v. Deputy Director of Consolidation and Other
The Deputy Director of Consolidation cannot review its orders on merits, but the High Court may refrain from interference if substantial justice is achieved.
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 when allotting chaks, ensuring tenure holders receive compact areas near their largest holdings.
The consolidation authorities must ensure allotments adhere to the Act's provisions, balancing tenure holders' rights and equitable allocations.
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.
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 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 and cannot act arbitrarily in allotting chaks, with judicial review permissible if principles of equity are violated.
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.
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