PANCHAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION VARANASI

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the orders dated 6th May, 1991 and 18th June, 1993, passed by respondents 2 and 1 respectively are sought to be quashed by issuing a writ of certiorari.

(2.) THE portrayal of the essential facts are that Chak No. 81 was recorded in the name of Budhau and thereafter it was recorded in the name of the petitioner. It appears that written permission of the Settlement Officer (Consolidation) to make the transfer of one-third portion of Chak No. 81 was applied for by the [petitioner and the said permission was granted by the Settlement Officer (Consolidation) and thereafter a sale deed dated 21st December, 1982 was executed in favour of respondent no. 4, Mannu, who moved an application for mutation of his name which was contested by the petitioner on the ground that the permission to make the transfer of one-third portion of Chak No. 81 was hit by the provisions of section 5 (1) (c) (ii) of the U. P. Consolidation of Holdings Act, 1953 (for short the Act), inasmuch as no part of a Chak can be transferred and such transfer of one-third portion of Chak. No. 81 is not covered by the expression 'holding or any part thereof. In any case, permission under the aforesaid provision must have been sought for the entire Chak. THE case of the petitioner was negatived by the impugned orders, inasmuch as the Consolidation Officer decided the case against the petitioner and that order was maintained in appeal under the impugned order dated 6th May, 1991 and the petitioner's revision under section 48 of the Act met the same fate.

(3.) HAVING heard the learned counsel for the parties, in my opinion, the petition is devoid of merits. The point for determination in this petition is as to whether a part of the Chak can be covered by the expression 'holding or any part thereof used by the legislature in section 5 (i) (c) (il) of the Act. What expression 'Holding' means has been defined in section 3 (4-0) of the Act. It obviously means a parcel or parcels of land held under one tenure. Consequently, either the entire holding or any part thereof can be sought to be transferred. There may be so many Chaks under one holding and a part of the said holding can be sought to be transferred and thus one-third Chak of the petitioner is covered by the expression 'holding or any part thereof. If there was any restriction as urged by the learned counsel for the petitioner to be imposed in making the transfer of a Chak by a tenure-holder, in that event the legislature would have ;added a proviso to section 5 (I) (c) (ii) of the Act restricting the meaning of the expression holding or any part thereof. As there is no restriction imposed by the legislature in its wisdom, I would not be justified to add that proviso to section 5 (1) (c) (ii) of the Act.