Partly allowed

Jaipal Singh v. Deputy Director of Consolidation/ Additional District Magistrate (Judicial) and 4 Others

Allahabad HC26 Jul 2024WRIB/2870/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's writ petition to the extent of approving an exchange of allotted plots between him and respondent no. 2, based on mutual consent, to accord the largest holding in the consolidated chak as required by the U.P. Consolidation of Holdings Act.

What did the court decide?

Order dated 29.06.2024 modified to allot Plot No. 638 to Jai Pal Singh and Plot Nos. 545/1 and 553 to Bhajan Lal.

Jaipal Singh vs Deputy Director of Consolidation/… — Land Acquisition | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:122170

¶2

Court No. - 49

¶3

Case :- WRIT - B No. - 2870 of 2024

¶4

Petitioner :- Jaipal Singh Respondent :- Deputy Director Of Consolidation/ Additional District Magistrate (Judicial) And 4 Others Counsel for Petitioner :- Prabal Kumar Dixit Counsel for Respondent :- C.S.C.,Devesh Kumar Verma,Hari Narayan Singh

¶5

Hon'ble Dinesh Pathak,J.

¶6

Heard learned counsel for the petitioner, learned counsel for the private respondent no.2 as well as learned Standing Counsel for the State-respondent nos. 1 and 5.

¶7

Grievance of the petitioner is that Deputy Director of Consolidation has illegally reversed the judgment passed by the Settlement Officer of Consolidation sans adverting to his plea qua Udaan chak over Plot No. 545/1 and 553. Petitioner came with a plea that Plot No. 638 is his largest holding, therefore, he may be allotted compact area at the place where he holds largest part of his holding i.e. Plot No. 638 as enunciated under Section 19(1)(e) of U.P. Consolidation of Holdings Act.

¶8

After due deliberations at length, learned counsel for both the parties have sought time for seeking instruction from their clients, on the initiation of the Court as to whether they (both parties) are agreed to exchange their respective allotted plots between them. After 10 minutes, writ petition has been taken again on board. Counsel for both the parties have shown their agreement, on behalf of their clients, to exchange their respective plots which have been allotted to them at the stage of Deputy Director of Consolidation. Plots which have been allotted to the petitioner and respondent no. 2 by order impugned dated 29.06.2024 passed by Deputy Director of Consolidation are mentioned herein below:

¶9

A. Bhajan Lal (Chak holder no. 317) allotted :- Plot No. 638 area 0.2660 hectare having exchange value 0.60 paise, total valuation Rs. 15.96 paise.

¶10

B. Jai Pal Singh (Chak holder no. 235) allotted :- (i) Plot No. 545/1, area 0.0474 having exchange value of 0.80 paise, total valuation Rs. 3.79 paise.

¶11

(ii) Plot No. 553 area 0.1521 hectare having exchange value of 0.80 paise, total valuation of Rs. 12.17 paise, total two plots measuring area 0.1995 hectare, having valuation of Rs.15.96 paise.

¶12

In this view of the matter, having regard to the consent given by learned counsel for both the parties, on behalf of their clients, instant writ petition succeeds and is partly allowed . Order dated 29.06.2024 passed by the Deputy Director of Consolidation is hereby modified to the extent that Plot No. 638, allotted to Bhajan Lal, shall be accorded in the chak of Jai Pal Singh (Chak holder no. 225) and Plot Nos. 545/1 and 553, as mentioned above, allotted in the chak of Jai Pal Singh, shall be allotted in the chak of Bhajan Lal (chak holder no. 317).

¶13

Consolidation Authorities are hereby directed to endorse the order of the date in C.H. Form 23 of both the parties viz . petitioner and respondent no.2. They shall proceed accordingly and prepare the chak of both the parties as mentioned above.

¶14

Order Date :- 30.7.2024 Sumit K.

¶15

Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Jaipal Singh v. Deputy Director of Consolidation/ Additional District Magistrate (Judicial) and 4 Others

Case brief

What is this about?

What did the court decide?

Jaipal Singh v. Deputy Director of Consolidation/ Additional District Magistrate (Judicial) and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Yasin Khan vs State of U.P. and 7 Others

Mihi Lal vs State of U.P. and 15 Others

Harnandan vs Settlement Officer Consolidation and 31 Others

Ramjas vs Deputy Director of Consolidation and 2 Others

Bachchu Ram and Another vs Additional Director of Consolidation and 5 Others

Ram Sajeevan vs State of U.P. and 3 Others