JANKI SARAN Vs. STATE OF U P

JUDGEMENT

(1.) In this petition, directed against the order passed by authorities constituted under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, the only question is whether the Petitioner could be treated tenure-holder of the land which was allotted to other co-sharers in consolidation proceedings prior to 8th June, 1973. It has been found by appellate authority that chaks were allotted to tenure-holder on 14th March, 1973 as a result of which the area originally held by the Petitioner was reduced but he refused to grant any relief as according to him the village had not been denitrified under Section 52 of the U.P. Consolidation of Holdings Act and therefore no finality could be attached to consolidation proceedings. He further found that it was not shown if Petitioner had been delivered possession over these chaks as no dakhalnama had been filed.

(2.) Section 23 of U.P. Consolidation of Holdings Act reads as under:

(3.) This section provides for finalisation of provisional consolidation scheme and issuance of allotment order to tenure-holders in pursuance of it. Once allotment orders are issued the right and title of the tenure-holder in his original holding ceases and it vests in the land allotted to him. Section 24 provides that Settlement Officer Consolidation shall fix a date from which the consolidation scheme shall come into force and on or after that date the tenure-holder becomes entitled to enter into possession. The extinction of title in original land and its consequential creation in new are not dependent on delivering possession. The reduction of area may take place because a tenure-holder is found entitled to lesser area than what was recorded in his name in title proceedings or it may be reduced because during allotment land of higher valuation was allotted. Whatever, the reason a person could be tenure-holder of only that land which was held by him on 8th June 1973. If the area was reduced he could be held to be tenure-holder of the reduced area only.