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SAURABH LAVANIA
Abdul Hasan – Appellant
Versus
Deputy Director Of Consolidation Amethi – Respondent
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 Mandamus commanding and directing to the Opposite parties No. 1 and 2 to restore the petitioner's chak at the stage of Assistant Consoli
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.
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 and cannot act arbitrarily in allotting chaks, with judicial review permissible if principles of equity are violated.
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 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.
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.
Allotment of chak must prioritize proximity to original holdings, with the possibility of deviations only if justified by consolidation authorities.
The consolidation authorities must ensure allotments adhere to the Act's provisions, balancing tenure holders' rights and equitable allocations.
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