IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Khushiram – Appellant
Versus
Deputy Director of Consolidation Additional District Magistrate – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Shivajee Singh Sisodiya, learned counsel for the petitioner, Mr. P.N. Shukla, learned counsel for the contesting respondent No.3, learned Standing Counsel for the State and Mr. Sher Bahadur Singh learned counsel for respondent No.4/Land Management Committee.
2. Brief facts of the case are that petitioner and respondent No.3 are real brother. Petitioner is chak holder No.189 and respondent no.3 is chak holder No.872. Plot No.617 etc. are the original plot of petitioner and respondent No.3 which are mentioned in C.H. Form 23 (Part-1) as annexed along with writ petition. Petitioner was proposed three chak by consolidation officer first chak on plot No.615, Second chak on plot No.439 M etc and third chak on plot No.545M etc. Respondent No.3 was also proposed three chak, first chak om plot No.422 etc. Second Chak on plot NO.385 etc and third chak on plot No700 etc. Petitioner filed chak objection under Section 21 (1) of U.P. Consolidation of Holdings Act, 1953 hereinafter referred as U.P.C.H. Act for allotment of chak on plot No.385 in place of his second chak allotted on plot No.439 etc. The other objection were also filed by the chak holders



The allotment of chak under the U.P. Consolidation of Holdings Act must adhere to the legal provisions regarding equitable distribution among co-sharers, as confirmed in the case.
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.
The allotment of roadside plots under consolidation laws must reflect the shares of each holder without illegality in the decision-making process.
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 court upheld the D.D.C.'s order modifying chak allotments, affirming that administrative decisions should not be interfered with unless clear illegality or injustice is shown.
The court upheld the legality of Chak allotment under the U.P.C.H. Act, affirming adherence to principles of rectangulation and consideration of irrigation sources.
The Deputy Director of Consolidation must consider comparative hardship when exercising revisional jurisdiction under the U.P. Consolidation of Holdings Act.
Point of Law : Power under this section to examine the correctness, legality or propriety of any order includes the power to examine any finding, whether of fact or law, recorded by any subordinate a....
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 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.
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