HANSRAJ versus MEWALAL AND ORS.

HANSRAJ versus MEWALAL AND ORS.

Orders of Settlement Officer and Deputy Director of Consolidation which allotted chaks to all co-tenure holders on the pitch road were equitable and justified, as holdings had not been partitioned according to law. The High Court erred in interfering and restoring the Consolidation Officer’s order, since equity required all co-sharers to have access to the pitch road.

Parties
Appellant: Hansraj; Respondents: Mewalal and ors.
Jurisdiction
India
Judgment Date
09 January 2019
Procedural Posture
Civil Appeal / Final Appeal Judgment
Outcome
Appeals allowed; orders of High Court set aside; writ petition dismissed.
Legal Topics
Consolidation Scheme, Allotment of Chaks, Rights of Co Sharers, Partition Under Agricultural Law
Land Law Consolidation Proceedings Consolidation Scheme Allotment of Chaks Rights of Co Sharers Partition Under Agricultural Law

Case Brief

Summary, issues, holding and outcome

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Parties

Hansraj

Appellant

Mewalal and ors.

Respondents

Procedural Posture

Civil Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether the High Court was justified in interfering with orders of the Settlement Officer Consolidation and Deputy Director, Consolidation regarding allotment of chaks on pitch road to co-sharers of agricultural land.
  2. 2 Whether co-sharers without partition under Section 176 U.P. Zamindari Abolition & Land Reforms Act, 1950 have right to chak allotment on pitch road.

Ratio Decidendi

Orders of Settlement Officer and Deputy Director of Consolidation which allotted chaks to all co-tenure holders on the pitch road were equitable and justified, as holdings had not been partitioned according to law. The High Court erred in interfering and restoring the Consolidation Officer’s order, since equity required all co-sharers to have access to the pitch road.

Court Disposition

Appeals allowed; orders of High Court set aside; writ petition dismissed.

Orders

  • Judgment dated 25.07.2013 and order dated 20.01.2014 of High Court set aside.
  • Writ petition filed by respondents dismissed.