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IN THE HIGH COURT OF ALLAHABAD
J.J.MUNIR
Daya Shanker – Appellant
Versus
Deputy Director of Consolidation/Chief Revenue Officer – Respondent
JUDGMENT :
J.J. Munir, J.
1. Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. R.C. Singh, learned Senior Advocate assisted by Mr. N.D. Shukla, learned counsel for respondent Nos.6, 7 and 8.
2. This writ petition is directed against the order dated 28th November, 2017, passed by the Deputy Director of Consolidation, Deoria in Revision No. 23/29, under Section 48 U.P. Consolidation of Holdings Act, 1953 (for short 'the Act of 1953'). This order has been passed by the Deputy Director of Consolidation, after the judgment and order dated 16th August, 2016 passed by this Court inter partes in Writ B No. 66497 of 2010 remanding the matter with directions to the Deputy Director of Consolidation to decide afresh.
3. The case arose out of objections under Section 20 of the Act of 1953. The dispute is one between the petitioner, who is chak holder No. 237 and respondent No. 3, Kashi son of Jai Mangal, chak holder No. 90. It appears that the petitioner's father, who had his original holding in Plot Nos. 18 and 111 comprising an area of 0.42 acre during the last round of consolidation operations, was proposed a chak by the Assistant Consolidation Officer with an area of 0.45 a
The court mandated strict compliance with prior judicial orders by the Deputy Director of Consolidation, ensuring that adjustments to chak holdings do not violate past rulings.
The modification of plot allocation that renders it unfit for cultivation contradicts the purpose of the U.P. Consolidation of Holdings Act, requiring respect for original allocations essential for e....
The court emphasized that tenure holders must be allocated chaks on original plots, and procedural fairness requires proper hearing and substitution of deceased parties in consolidation disputes.
The Deputy Director of Consolidation cannot review its orders on merits, but the High Court may refrain from interference if substantial justice is achieved.
The court upheld the Deputy Director's adjustments in land allocation, finding no violation of the Uttar Pradesh Consolidation of Holdings Act, as petitioners failed to show prejudice or illegality.
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