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SAURABH LAVANIA
Abdul Ahmad – Appellant
Versus
Deputy Director of Consolidation, Bahraich – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri Rama Kant Dixit, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent Nos. 1 to 3 and Sri Anil Kumar Shukla, learned counsel appearing for the respondent No. 4 and 8, who has filed his Vakalatnama on behalf of respondent No. 4 in the Court today, which is taken on record.
2. By means of this petition, the petitioner has assailed the validity of the impugned order dated 23.03.2023 passed by the respondent No. 1/Deputy Director of Consolidation (in short "DDC"), Bahraich.
3. While assailing the impugned order dated 23.03.2023, learned counsel for the petitioner stated that the impugned order dated 23.03.2023 is liable to be interfered with by this Court, as the same has been passed in violation of principles envisaged under Section 19 of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953").
4. Elaborating, he stated that during consolidation proceedings, the allotment should be made over original gata (mool gata) of the tenure holder and further, as per Section 19 of the Act of 1953, the source of irrigation should be taken note of while making allotment by the Consolidat
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 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 chaks, ensuring tenure holders receive compact areas near their largest holdings.
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.
Allotment of chak must prioritize proximity to original holdings, with the possibility of deviations only if justified by consolidation authorities.
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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