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SAURABH LAVANIA
Ziledar – Appellant
Versus
Deputy Director Of Consolidation Bahraich – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Supplementary affidavit filed in the Court today is taken on record.
2. Heard Sri Ghulam Mohammad Kamil, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned counsel for the State.
3. By means of this petition, the petitioner has sought the following main reliefs:-
ii. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.10.2022 passed by the Consolidation Officer (opposite party No.2), as contained in Annexure No.2 to this writ petition.
iii. issue a writ, order or direction in the nature of mandamus commanding the opposite party No.3 not to interfere in the peaceful possession of the petitioner over Gata No. 1765 from South East corner, situated at Village Gulra, Pargana Ikauna, Tehsil Payagpur, District Bahraich, on the basis of the impugned order dated 27.12.2023 and 19.10.2022 passed by the opposite part
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.
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.
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 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.
The consolidation authorities must ensure allotments adhere to the Act's provisions, balancing tenure holders' rights and equitable allocations.
The Deputy Director of Consolidation cannot review its orders on merits, but the High Court may refrain from interference if substantial justice is achieved.
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