IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Ram Kunvar – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Supplementary affidavit filed on behalf of the petitioners is taken on record.
2. Heard Mr. Vimal Chaudhary, Advocate holding brief of Mr. Ranjeet Kumar Mishra, learned counsel for the petitioners, Mr. Ashish Chand Nishad, learned Standing Counsel for the State-respondents and Mr. Arun Kumar Pandey, learned counsel for respondent- Gaon Sabha.
3. Brief facts of the case are that the petitioner no. 1 is chak holder no. 731 and petitioner no.2 is chak holder no.212. Original holding of the petitioner are 206 etc. The share of the petitioners over plot no.206 is 1/6. Plot no.206 is stated to be road side plot. Assistant Consolidation Officer has proposed two chaks to the petitioners. The first chak over plot no.575M, 574M area 0.264 hectare and second chak over plot no.206M area 0.470 hectare. Respondent no. 12 is chak holder no. 941 and original holding of respondent no.12 are plot no.206 etc having 1/6 share. The chak objection filed against the proposal of the Assistant Consolidation Officer was decided by the Consolidation Officer and chak appeal filed against the order of Consolidation Officer was decided by Settlement Officer of Consolidation. The

The court upheld the Deputy Director's decision on plot allotment based on proper share considerations under the U.P. Consolidation of Holdings Act, affirming procedural fairness in the revision proc....
Roadside land either to be excluded from consolidation operation or to be included in the chak of that chak holder who held it as original.
The allotment of roadside plots under consolidation laws must reflect the shares of each holder without illegality in the decision-making process.
The Deputy Director of Consolidation must consider comparative hardship when exercising revisional jurisdiction under the U.P. Consolidation of Holdings Act.
The court upheld the adjustment of chak allotment based on original tenure rights and comparative hardship, affirming the authority's jurisdiction under the U.P. Consolidation of Holdings Act.
The court mandated reconsideration of land allotment claims, emphasizing the necessity of a fair hearing for all affected parties under the U.P. Consolidation of Holdings Act.
The Deputy Director of Consolidation must consider comparative hardship of both parties when exercising jurisdiction under Section 48(1) of the U.P. Consolidation of Holdings Act.
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.
A chak holder's entitlement can only be altered where existing agricultural rights and irrigation sources are preserved, underscoring the importance of statutory compliance in land allocation.
The revisional authority under the U.P. Consolidation of Holdings Act can alter allotments if it considers the comparative hardship of all tenure holders, ensuring a just exercise of jurisdiction.
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