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SAURABH LAVANIA
Laxman Prasad – Appellant
Versus
Deputy Director of Consolidation, Unnao – Respondent
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| 1. the allocation of chaks must adhere to specific legal standards. (Para 4 , 5 , 6) |
| 2. consolidation authorities must make equitable and informed decisions. (Para 10 , 11 , 13) |
| 3. judicial review of administrative decisions is warranted when procedural fairness is not upheld. (Para 19) |
JUDGMENT
Saurabh Lavania, J.
Heard Sri Tauqueer Alam, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned State counsel appearing for the respondents.
2. By means of this petition, the petitioner has assailed the order dated 24.07.2023 passed by the respondent No. 1/Deputy Director of Consolidation (in short "DDC"), Unnao in Revision No. 558 of 2023, Computerized Case No. 202254106900001621 (Laxman v. Rajnu and others) filed under Section 48 (1) of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") and the order dated 18.10.2022 passed by Settlement Officer of Consolidation, Unnao (in short "SOC") in Appeal No. 419, Computerized Case No. 202254106900001525 (Laxman Prasad v. Rajnu and Others) filed under Section 21(2) Act of 1953, whereby the appeal was partly allowed and also the order dated 29.08.2022 passed by the Consolidation Officer Bangarmau Distri
The consolidation authorities must ensure allotments adhere to the Act's provisions, balancing tenure holders' rights and equitable allocations.
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 and cannot act arbitrarily in allotting chaks, with judicial review permissible if principles of equity are violated.
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 compact areas where they hold the largest part of their holdings.
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 a compact area at their largest holding and providing reasons for any deviations.
The Deputy Director of Consolidation cannot review its orders on merits, but the High Court may refrain from interference if substantial justice is achieved.
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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