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.

JUDGMENT :

(Saurabh Lavania, J.)

1. Heard learned counsel for the petitioner, learned counsel for the State as also Sri Shyam Bahadur, learned counsel for the private respondent No. 4.

2. In view of the order proposed, issuance of notice to private respondent(s) is hereby dispensed with.

3. Present petition has been filed for the following main relief(s):-

"Issue a writ, order or direction in the nature of certiorari to quash the Revisional order dated- 24.06.2023 passed by Upper Zilaadhikari (Finance and Revenue)/Deputy Director of Consolidation Amethi in Revision No. 520/2023 under section-48(1) of Consolidation of Holdings Act, Abdul Hasan Versus Salamun Nisha and other as well as order dated-13.12.2022 passed by Settlement Officer Consolidation Amethi in Appeal No. 140/2022 under section-21(2) Consolidation of Holding Act, Salamun Nisha Versus Abdul Hasan and others, Village-Dhurahri, Pargana-Jagdishpur, Tahsil-Musafirkhana, District Amethi., contained as Annexure No. 2 & 3 to this writ petition.

Issue a writ, order or direction in the nature of Mandamus commanding and directing to the Opposite parties No. 1 and 2 to restore the petitioner's chak at the stage of Assistant Consolidation Officer Contained as Annexure No. 4 to this writ petition."

4. Assailing the impugned order(s), learned counsel appearing for the petitioner stated that the impugned order(s) are liable to be interfered with by this Court, as the same have been passed without considering the genuine grievance of the petitioner as also that the same is against the principles embodied under Section 19 of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953").

5. Per contra, Sri Shyam Bahadur, learned counsel for the respondent No. 4 and Sri Hemant Kumar Pandey, learned counsel appearing for the State submitted that the Chak provided to the petitioner is just and proper, in fact, he is not aggrieved by the order(s) impugned in any manner.

6. Considered the submissions advanced by the learned counsel for the parties and perused the record.

7. This case relates to allotment of Chak(s), as such, before proceeding further, it would be useful to refer some judgments of this Court on the issue involved and the relevant provision of the Act of 1953.

8. Section- 19(1)(e) of the Act of 1953 is as follows:-

"19. Conditions to be fulfilled by a Consolidation Scheme.-(1) A consolidation scheme shall fulfill the following conditions, namely,

(a)......

(b).....

(c)......

(d)......

(e) every tenure-holder is, as far as possible, allotted a compact area at the place where he holds the largest part of his holding :

Provided that no tenure-holder may be allotted more chaks than three, except with the approval in writing of the Deputy Director of Consolidation:

Provided further that no consolidation made shall be invalid for the reason merely that the number of chaks allotted to a tenure-holder exceeds three."

9. From reading of Section 19(1)(e) and considering the case of the parties, it is clear that consolidation Authorities can not pass arbitrary order. It is no doubt correct that during Chak allotment proceedings, the allotment cannot be made in such a manner which may satisfy every tenure holder but the consolidation authorities are required follow the mandate of the Act/Rules, as explained by the judicial pronouncements.

10. In the context of this case, the following observations of the judgment passed by this Court in the case of Asbaran v. Deputy Director of Consolidation, Gonda; 1986 A.W.C. 1088, are relevant.

"This provision contained in Section 19(1)(f) enjoins upon the consolidation authorities to allot plot on which exists his private source of irrigation or any other improvement. Apart from it, no other provisions of Section 19 of the Act enjoins upon the consolidation authorities to make allotment of chak to the tenure-holder on his original plot and the consolidation authorities in view of provisions contained in Section 19(1)(e) of the Act are required to