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SAURABH LAVANIA
Shiv Shanker Sharma – Appellant
Versus
Deputy Director of Consolidation/ Addl. – Respondent
| Table of Content |
|---|
| 1. challenging decisions on chak allotment. (Para 2 , 3) |
| 2. principle of chak allotment based on section 19. (Para 4 , 5 , 6) |
| 3. judicial precedents governing chak allotment. (Para 7 , 8) |
| 4. irregularity of chak shapes and legal implications. (Para 9 , 10 , 11) |
| 5. dismissal of the petition. (Para 12) |
JUDGMENT
Saurabh Lavania, J.
Heard Shri Jitendra Prakash Mishra, learned counsel for the petitioner and Shri Hemant Kumar Pandey, learned Standing Counsel for State-respondents.
2. By means of the instant petition, the petitioner has challenged the order dated 28.03.2023 (Annexure No. 1 to the petition) passed by opposite party no. 1/Deputy Director Of Consolidation/ Additional District Officer, (F/R), Lakhimpur Kheri in the Revision No. 551/202254104300000471 (Vednath Sharma v. Mohanlal Sharma & Another) and order dated 02.09.2021 (Annexure No. 2 to the petition) passed by opposite party no. 1 in Revision No. 551/2021 (Vednath Sharma v. Mohanlal Sharma & Another), instituted under Section 48 (1) of U.P. Consolidations of Holdings Act, 1953 (in short "Act, 1953")
3. Admittedly, the chak provided to the petitioner is on his mool gata i.e. Gata No. 343 situated at Village- Tusau
Allotment of chak must prioritize proximity to original holdings, with the possibility of deviations only if justified by consolidation authorities.
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.
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 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 when allotting chak(s) and provide justifications for deviations to ensure equitable treatment of tenure holders.
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.
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