RAJKUMAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION KANPUR

JUDGEMENT

(1.) THE sole question involved in the writ petition is whether the permission was required by the petitioners from the Settlement Officer Consolidation when the vendors of the petitioners executed sale-deed in their iavour on 20.9.1971.

(2.) ONE Sankatha was tenure-holder of khata Nos. 1103 and 1108, measuring 12 Bigha 7 Biswa 13 Biswansi and 6 Bigha 10 Biswa 5 Biswansi, situate in village Mahuli. Pargana, Tehsil and district Kanpur. He was allotted two chaks during consolidation which were of Khata Nos. 1103 and 1108. The petitioners purchased entire land of chak allotted on Khata No. 1108 under a registered sale-deed dated 20.9.1971 from the tenure-holder, Sankatha. The petitioners applied for mutation of their names. ONE of the sons of Sankatha, filed objection before the Assistant Consolidation Officer to the said mutation application. The matter was referred to the Consolidation Officer. The Consolidation Officer by order dated 4.7.1977 held that Sankatha had not obtained permission from the Settlement Officer Consolidation to execute the sale-deed as provided under Section 5 (1) (c) (ii) of Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) and, as such, the sale-deed was Invalid. The petitioners filed appeal before the Settlement Officer Consolidation. The appeal was dismissed and the order was affirmed by respondent No. 1 in revision vide order dated 3.5.1980. The petitioners have challenged these orders in the present writ petition.

(3.) THE next submission of learned counsel for the petitioner is that during the consolidation proceedings Sankatha was allotted two chaks, one at Khata No. 1108 and another at Khata No. 1103. Both the chaks were separate and the petitioners had purchased the entire chak which was existing at Khata No. 1108 and as the entire chak was transferred, it was not necessary to obtain any permission from the Settlement Officer Consolidation under Section 5 (1) (c) (ii) of the Act. THE language of the provision, as then existed, clearly indicated that the transfer by way of sale, gift or exchange of any part of holding in the consolidation area by the tenure-holder was prohibited. Sankatha had his holding in two Khatas namely Khata Nos. 1103 and 1108. THEse two Khatas are to be taken as one holding under the law. THE holding has been defined under Section (4C) of the Act which is as follows :