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2023 Supreme(All) 2578

IN THE HIGH COURT OF ALLAHABAD
SAURABH LAVANIA, J.
Lalmani - Petitioner
Versus
Deputy Director of Consolidation Behraich and ors. - Respondents
WRIT - B NO. - 2333 OF 1986.
Decided On : 24-03-2023

Advocates appeared:
For the Petitioner: J.K. Sinha, J.K. Sinha, Mohan Singh.
For the Respondent C.S.C.

Headnote:(A) U.P. Consolidation of Holdings Act, 1953 - Sections 19 and 21 - Challenge to allotment of Chak(s) during consolidation proceedings - The orders of the Consolidation Officer disrupting allotment made by the Assistant Consolidation Officer were found to lack justification, as the tenure holder's original holdings should be honored under Section 19 - Consequently, the court set aside the earlier orders to restore the petitioner’s original holdings. (Paras 9, 10)

(B) Procedural Fairness - The court emphasized the principle of not interfering with consolidation proceedings in cases where the parties have established and maintained actual possession over the allotted land, deeming interference inequitable. (Paras 9, 10)

Facts of the case:
The petitioner challenged the orders passed by consolidation authorities that disrupted the original holdings/allotments made by the Assistant Consolidation Officer regarding Gata No. 2916 and 2917, favoring private parties instead.

Findings of Court:
The court ruled in favor of the petitioner, reinstating the original allotment based on possession and adherence to statutory provisions.

Issues: The primary issue was whether the allotment of Chak(s) was lawful and justifiable in light of the petitioner’s original holdings and possession.

Ratio Decidendi: The court held that the original holdings of a tenure holder, as per the statutory language of Section 19, must be prioritized and maintained, particularly when possession has been established.

Result: Petition allowed.

Table of Content
1. challenge to consolidation orders (Para 2 , 3 , 4)
2. procedural aspects of service (Para 6 , 7)
3. possession and original holdings in law (Para 8 , 9)
4. setting aside prior consolidation orders (Para 10)
5. petition is allowed (Para 11)

JUDGMENT

Saurabh Lavania, J.

Heard Sri Mohan Singh, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned counsel for the State.

2. Under challenge are the order(s) dated 29.07.1985 passed by the respondent No.1 -Deputy Director of Consolidation, Behraich, 14.09.1985 passed by the respondent No.2-Settlement Officer of Consolidation, Behraich and 19.12.1985 passed by the Consolidation Officer.

3. The issue in the present petition relates to allotment of Chak(s) during consolidation proceedings. Record of the petition shows that the Assistant Consolidation Officer provided Chak(s) to petitioner (Lal Mani now Deceased) on the original holdings/gata(s) including Gata(s) No. 2916 and 2917 and further, the chak which was carved out by Assistant Consolidation Officer was in front of home of the petitioner. Respondent No.3-Consolidation Officer, Bhinga, District-Behraich vide his order dated 19.07.1985 provided Chak(s) to the private opposite parties in front of the house of the petitioner. Thus, the Consolidation Officer disturbed arrangement/allotment made by the Assistant Consolidation Officer. Being aggrieved, the petitioner approached the respondent No.2-Settlement Officer of Consolidation by way of filing the appeal under Section 21 of the U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") and the same was dismissed vide order dated 14.09.1985. Thereafter, original petitioner (Lal Mani now Deceased) preferred the revision under Section 48 of the Act of 1953, which was partly allowed by the respondent No.1-Deputy Director of Consolidation, Behraich whereby he provided 250 Kadi to the petitioner over Gata No. 2916 and 2917.

4. Being aggrieved, by the orders aforesaid, present petition was filed.

5. While entertaining the present petition, this Court passed the interim order on 11.04.1986.

6. Considering aforesaid facts and circumstances of the case, this Court passed the following order on 08.11.2021:-

    "This is an old writ petition of the year 1986. It is listed for orders today. This petition was admitted to hearing by an order dated 11.04.1986 and by an order of the said date, separately made on the stay application, the operation of the order dated 29.07.1985, 14.09.1985 and 19.12.1985 passed by the Consolidation Authorities and annexed as Annexure nos. 1, 2 and 3, was directed to remain stayed insofar as these orders relate to the petitioner. A perusal of the order sheet shows that steps to serve the respondents were also taken on 15.04.1986. However, there is no report regarding service; nor can there be a report. It is surprising that no objection was put in by the Stamp Reporter or by the office while accepting requisites. The reason is that the petitioner has arrayed respondent no.4, Mooney Singh son of Mishri and respondent no.5, Rajeshwar son of Ambika, without mentioning their address. Against the name of Ambika, all that is said is resident of 'Sambharpurwa'. Nothing more has been mentioned.

    Learned Counsel for the petitioner says that the address of the said respondents is complete in his papers and is beyond dispute. It is: Village Sambharpurwa, Post Aggapur, Tehsil Bhinga, District Bahraich, which now lies in District Shravasti.

    In order to curtail any further delay in proceeding with this almost ancient writ petition arising out of a chak matter, this Court considers it appropriate to permit the learned Counsel to carry out the necessary corrections to the array of parties, giving the compete postal address of respondent nos. 4 and 5, during course of the day. Thereafter, he will have 48 hours' time to take steps to serve respondent nos.4 and 5 by RP AD afresh.

    In addition, the Pradhan, Village Sambharpurwa, Post Aggapur, Tehsil Bhi

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