Petitioner challenged an order refusing to assign value to chakout land. The bench held chakout land is not subject matter of consolidation proceedings and dismissed the petition.
Maintainability of the challenge to the impugned order refusing valuation of chakout land rejected.
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Court No. - 51
Case :- WRIT - B No. - 2916 of 2022
Petitioner :- Javed Anwar Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Mohd. Afzal,Ayub Khan Counsel for Respondent :- C.S.C.,Brajesh Shukla
Hon'ble Siddharth,J.
Learned counsel for the petitioner is aggrieved by the order dated 27.8.2022 passed by Additional District Magistrate (Administration)/ Deputy Director of Consolidation, Bijnor, in Revision No.1318/2022, Computerized Case No.202254131600001318/ 424, under Section 48 (1) of U.P.C.H. Act (Mohammad Yasin Vs. Mohammad Kasim and others) whereby the D.D.C. has refused to assign any value to the property in dispute being chakout land.
Learned counsel for respondent no.3, Sri Brajesh Shukla, has pointed that the land in dispute was declared chakout in the year 2012. Thereafter land in dispute is purchased by the petitioner in the year 2021, he has applied for fixing the valuation of the plot in dispute. He has submitted that the consolidation officer has no jurisdiction to pass any order and therefore the order has wrongly been passed by the consolidation authorities fixing the valuation to the property in dispute.
In view of the above, it is clear that property in dispute is the land of chakout and cannot be subject matter of consolidation proceedings by any consolidation authority. The impugned order passed by the D.D.C. does not calls for interference.
The writ petition is dismissed.
Order Date :- 23.11.2022 Ruchi Agrahari
Digitally signed by RUCHI AGRAHARI Date: 2022.11.23 15:54:24 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a chakout土地 can be excluded from consolidation proceedings.
Whether the consolidation authority has jurisdiction to refuse valuation of chakout land.
Javed Anwar
State Of U.P.
Siddharth
Ruchi Agrahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
