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SUPREME COURT OF INDIA
ASHOK BHUSHAN, K.M. JOSEPH, JJ.
HANSRAJ – APPELLANT(S)
VERSUS
MEWALAL AND ORS. – RESPONDENT(S)
CIVIL APPEAL NOS.87-88 Of 2019
Decided On : 09-01-2019
Facts of the case:
The appellant along with his brother Bansraj were Bhumidhar of Plot No.677 of Village Bahria, District Basti. Bansraj, brother of the appellant by sale deed dated 12.10.1989 sold his 1/2 share in favour of respondents.
The Assistant Consolidation Officer prepared a provisional Consolidation Scheme proposing chaks to the appellant as well as respondents on Plot No.677 of which appellant was original tenure holder and the respondents were co-tenure holders by virtue of sale deed from Bansraj. In the northern side of Plot No.677 a pitch road was constructed six years before start of Consolidation operation. The Assistant Consolidation Officer proposed chaks to the appellant and the respondents opening towards pitch road in the north of Plot No.677. The respondents filed belated objection. The Consolidation Officer allowed the objection filed by the respondents. The respondents were allotted chaks on the pitch road towards north, the chak of appellant was carved on the south of the plot away from the pitch road.
Appellant filed appeal before the Settlement Officer Consolidation. The appeal was allowed.
Revision was filed by the respondents before the Deputy Director, Consolidation who affirmed the order of the Settlement Officer Consolidation.
The Single Judge of the high Court allowed the writ petition.
Finding of the Court:
Impugned judgment is not sustainable.
Result: Appeals allowed.
JUDGMENT
ASHOK BHUSHAN, J.
The appellant aggrieved by the judgment of the High Court of Allahabad in Writ-B No.55952 of 2012 has come up in these appeals. The High Court by the impugned judgment dated 25.07.2013 has allowed the writ petition filed by the private respondents by setting aside the order dated 28.04.2012 of the Settlement Officer Consolidation and order dated 19.07.2012 of Deputy Director of Consolidation.
2. The brief facts necessary to be noticed for deciding these appeals are:
The appellant along with his brother Bansraj were Bhumidhar of Plot No.677 of Village Bahria, District Basti. Bansraj, brother of the appellant by sale deed dated 12.10.1989 sold his 1/2 share in favour of respondents. The Village in question was brought under Consolidation operation after issuance of notification under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'the Act'). The Assistant Consolidation Officer prepared a provisional Consolidation Scheme proposing chaks to the appellant as well as respondents on Plot No.677 of which appellant was original tenure holder and the respondents were co-tenure holders by virtue of sale deed from Bansraj. In the northern side of Plot No.677 a pitch road was constructed six years before start of Consolidation operation. The Assistant Consolidation Officer proposed chaks to the appellant and the respondents opening towards pitch road in the north of Plot No.677. The respondents filed belated objection under Section 21 of the Act objecting to the chaks as proposed by the Assistant Consolidation Officer. The case of the objectors was that they should be proposed chaks on Plot No.677 in accordance with their possession. They stated that Their possession is towards north of the plot whereas the appellant is in possession towards South of the Plot No.677. The Consolidation Officer allowed the objection filed by the respondents. The respondents were allotted chaks on the pitch road towards north, the chak of appellant was carved on the south of the plot away from the pitch road.
3. The appeal was filed by the appellant before the Settlement Officer Consolidation under Section 21(2) of the Act. The Settlement Officer Consolidation noted that appellant was original tenure holder of Plot No.677 and Ram Milan etc. have also become joint holders on the basis of the sale deed. Ram Milan was constructing a house on the north east side of the plot after obtaining permission of Settlement Officer Consolidation which construction was stopped on the objection of the appellant. The Settlement Officer Consolidation concluded that it would be legal and appropriate to give chak to all the joint holders adjacent to pitch road. The appeal was allowed. Ram Milan was given chak on the north east side where he started construction. The appellant was given chak on the pitch road including area where his boring and pumping set was situated.
4. Against the order of the Settlement Officer Consolidation revision was filed by the respondents under Section 48 of the Act. The Deputy Director, Consolidation affirmed the order of the Settlement Officer Consolidation. The Deputy Director, Consolidation has also inspected the spot and found that all the co-tenure holders have been allotted chak adjacent to the pitch road and if the claim of the revisionist is allowed the appellant shall not get chak adjacent to pitch road which would be illegal.
5. Aggrieved by the order of the Deputy Director, Consolidation a writ petition was filed by the respondents. Learned Single Judge while allowing the writ petition has given the following reasons:
"I have considered the arguments of the learned counsel for the parties and examined the material available on record. From the perusal of the order of Consolidation Officer, it is proved that the house of one of the petitioners is situated in the northern side and boring and pumping set of respondent no.3 are situated in the southern side as such severance of the possession on the
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