# Prem Singh v. D.M./District Dy. Director of Consolidation and others

- **Citation:** (2004) 1 ILRA 271
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2004-03-01
- **Case number:** Civil Misc. Writ Petition No. 8826 of 2004
- **Bench:** Ashok Bhushan
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/prem-singh-v-d-m-district-dy-director-of-consolidation-and-others-40340
- **Pages:** 5

## Headnote

U.P. Consolidation of Holdings Act, 1953
and 5(2) Secs. 19-A-U.P. Zamindari
Abolition and Land Reforms Act, 1950-
Ss. 195 and 197- Scope- Allotment
proceedings under Ss. 195 and 197 of ZA
and LR Act are not affected by S. 5(2) of
U.P. Consolidation of Holdings Act- S. 19A (2) only an enabling provision which
enables
ACO,
while
preparing
Consolidation
Scheme,
to
make
allotment of a Gaon Sabha land after
determining
its
valuation-S.
19-A(2)
does not prohibit allotment proceedings
under Ss. 195 and 197 of U.P. Z.A. & L.R.
Act.

Held: Para 5 & 6

The allotment proceedings under Section
195 and 197 of U.P. Zamindari Abolition
& Land Reforms Act do not come under
any of the proceedings as contemplated
by Section 5 (2). The proceedings for
allotment are neither proceedings for
correction of records nor proceedings for
declaration of rights or interest or for
declaration or adjudication of any other
right in regard to which the proceedings
can and ought to have been taken under
the U.P. Consolidation of Holdings Act.
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272 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
Thus the proceedings under Sections 195
and 197 of the U.P. Zamindari Abolition
& Land Reforms Act are not affected by
Section 5 (2) of the U.P. Consolidation of
Holdings Act. The submission of counsel
for
the
petitioner
that
during
the
pendency
of
the
consolidation
proceedings allotment cannot take place
is without any substance.

The provision under Section 19-A (2) of
the Act is only enabling provision which
enables
the
Assistant
Consolidation
Officer while preparing Consolidation
Scheme to make allotment of a Gaon
Sabha
land
after
determining
its
valuation but the said provision cannot
be read creating any prohibition to the
allotment
proceedings
contemplated
under
Section
195
and
197
U.P.
Zamindari Abolition & Land Reforms Act.
Section 19-A also do not help the
petitioner in any manner in support of
his submission that during the pendency
of
consolidation
proceedings
the
allotment cannot take place.

## Text

1 All] Prem Singh V. D.M./District Dy. Director of Consolidation and others 271
28. Thus, it is clear that the
petitioners have not only been treated
unfairly
but
they
have
also
been
discriminated as 2 students have been
awarded only warning for same or similar
incident. These students have already lost
more than 1 year of their life and career
which they would have completed by
now. This is sufficient punishment. These
students have already given undertaking
not to repeat any such act in future. They
have no criminal history and must have
been good students to find admission in
I.I.T. Kanpur. The Court is duty bound to
see that the punishment awarded is
appropriate to the offence and where there
are chances of reformation, particularly,
in cases of students, the Court must give
chance to such students to reform their
life and to become a good citizen of the
country. Therefore, keeping in view the
rights of the victims i.e. students and the
fact that they have lost one year of their
career
appears
to
be
sufficient
punishment. They would be passing out
immediately after examination of last
semester. The punishment of termination
of their academic session is too harsh and
is highly disproportionate. I am, therefore,
of the opinion that in the facts and
circumstances of this case a chance to
reform should be given to the petitioners
and they be permitted to complete their
career in the Institute.

29. For these reasons the writ
petition is allowed. The respondents are
directed to allow the petitioners to
complete their studies. The impugned
orders dated 7.3.2003, 7.8.2003 and
letter/order dated 31.3.2003 are quashed.

No costs.
---------

ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 1.3.2004

BEFORE
THE HON'BLE ASHOK BHUSHAN, J.

Civil Misc. Writ Petition No. 8826 of 2004

Prem Singh

 ...Petitioner
Versus
District
Magistrate/District
Deputy
Director of Consolidation and others
 ...Respondents

Counsel for the Petitioner:
Smt. Anita Tripathi

Counsel for the Respondents:
S.C.

U.P. Consolidation of Holdings Act, 1953
and 5(2) Secs. 19-A-U.P. Zamindari
Abolition and Land Reforms Act, 1950-
Ss. 195 and 197- Scope- Allotment
proceedings under Ss. 195 and 197 of ZA
and LR Act are not affected by S. 5(2) of
U.P. Consolidation of Holdings Act- S. 19A (2) only an enabling provision which
enables
ACO,
while
preparing
Consolidation
Scheme,
to
make
allotment of a Gaon Sabha land after
determining
its
valuation-S.
19-A(2)
does not prohibit allotment proceedings
under Ss. 195 and 197 of U.P. Z.A. & L.R.
Act.

Held: Para 5 & 6

The allotment proceedings under Section
195 and 197 of U.P. Zamindari Abolition
& Land Reforms Act do not come under
any of the proceedings as contemplated
by Section 5 (2). The proceedings for
allotment are neither proceedings for
correction of records nor proceedings for
declaration of rights or interest or for
declaration or adjudication of any other
right in regard to which the proceedings
can and ought to have been taken under
the U.P. Consolidation of Holdings Act.
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272 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
Thus the proceedings under Sections 195
and 197 of the U.P. Zamindari Abolition
& Land Reforms Act are not affected by
Section 5 (2) of the U.P. Consolidation of
Holdings Act. The submission of counsel
for
the
petitioner
that
during
the
pendency
of
the
consolidation
proceedings allotment cannot take place
is without any substance.

The provision under Section 19-A (2) of
the Act is only enabling provision which
enables
the
Assistant
Consolidation
Officer while preparing Consolidation
Scheme to make allotment of a Gaon
Sabha
land
after
determining
its
valuation but the said provision cannot
be read creating any prohibition to the
allotment
proceedings
contemplated
under
Section
195
and
197
U.P.
Zamindari Abolition & Land Reforms Act.
Section 19-A also do not help the
petitioner in any manner in support of
his submission that during the pendency
of
consolidation
proceedings
the
allotment cannot take place.

(Delivered by Hon'ble Ashok Bhushan, J.)

1. Heard counsel for the petitioner.

2. By this writ petition the petitioner
has prayed for quashing the order dated
4.12.2003 passed by the Collector, Agra.
A writ of mandamus has also been sought
praying for a direction to the respondents
not to allot the land of Gram Panchayat to
any other person till the finality of
consolidation scheme.

3. Petitioner's case is that the village
is under consolidation operation. The
petitioner had come up before this Court
earlier by filing writ petition No. 38387 of
2003 praying that the respondents be
directed not to allot any land during the
pendency of the revision before the
Deputy Director of Consolidation. This
Court by order dated 23.8.2003 disposed
of the writ petition which order is being
quoted below:-

Heard counsel for the petitioners and
learned standing counsel.

By this writ petition, the petitioners
have prayed for a writ of mandamus
commanding the respondents not to allot
any land to any person during the
pendency of the revisions before the
Deputy Director of Consolidation

In paragraph-5 of the writ petition
petitioners have stated that revisions of
the petitioners are pending before the
Deputy Director of Consolidation.

In view of the fact that petitioners
themselves have stated in the writ petition
that their revisions are pending before the
Deputy Director of Consolidation, it is
open
to
the
petitioners
to
move
application in the pending revisions. No
mandamus in this writ petition can be
issued directing that land should not be
allotted to any person. If so advised, the
petitioners
may
move
appropriate
application in pending revisions.

The writ petition is disposed of with
the aforesaid observation."

4. Petitioner has filed an application
before
the
Collector,
Agra
on
administrative
side
praying
that
in
pursuance of the order dated 23.8.2003 no
allotment of house /agricultural land be
made during the hearing of the revision
before
the
Deputy
Director
of
Consolidation.
The
Collector
vide
impugned order dated 4.12.2003 has
dismissed the said application. The
Collector has further observed that it will
be open to the petitioner Prem Singh to
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1 All] Prem Singh V. D.M./District Dy. Director of Consolidation and others 273
file an application in the pending revision
before
the
Deputy
Director
of
Consolidation. The counsel for the
petitioner challenging the order contended
that in view of Section 5 and Section
19A(2) of the U.P. Consolidation of
Holdings
Act,
1953
no
allotment
proceedings under the U.P. Zamindari
Abolition & Land Reforms Act, 1953
under Sections 195 and 197 can be
undertaken. Reliance has been placed by
the counsel for the petitioner on Section
5(2) of the U.P. Consolidation of
Holdings Act which is extracted below :-

 "5.Effect of (notification under
Section 4(2) )
 (1).....................................
 (2) Upon the said publication of the
notification under sub-section (2) of
Section
4,
the
following
further
consequences shall ensue in the area to
which
the
notification
relates,
namely________
(a) every proceeding for the correction of
records and every suit and proceeding in
respect of declaration of rights or interest
in any land lying in the area, or for
declaration or adjudication of any other
right in regard to which proceedings can
or ought to be taken under this Act,
pending before any court or authority
whether of the first instance or of appeal,
reference or revision, shall, on an order
being passed in that behalf by the court or
authority before whom such suit or
proceedings is pending, stand abated:

Provided that no such order shall be
passed without giving to the parties notice
by post or in any other manner and after
giving them an opportunity of being
heard:

Provided further that on the issue of a
notification under sub-section (1) of
Section 6 in respect of the said area or
part therefore, every such order in
relation to the land lying in such area or
part as the case may be, shall stand
vacated;

(b) such abatement shall be without
prejudice to the rights of the persons
affected to agitate the right or interest in
dispute in the said suits or proceedings
before the appropriate consolidation
authorities under and in accordance with
the provisions of this Act and the rules
made thereunder.

(Explanation I For the purposes of subsection (2), a proceeding under the U.P.
Imposition of Ceiling on Land Holdings
Act, 1960 or an uncontested proceeding
under Sections 134 to 137 of the U.P.
Zamindari Abolition & Land Reforms Act
1950, shall not be deemed to be a
proceeding in respect of declaration of
rights or interest, in any land.)"

Section 5 (2) provide for the
consequence which ensue upon the
publication of the notification under subsection (2) of Section 4. The proceedings
which are contemplated to be abated
under Section 5(2)(a) are ;

(i)
every proceedings for correction of
records;
(ii) every suit and proceedings in respect
of declaration of rights or interest in
any land laying in the area;
(iii) or for a declaration or adjudication
of any other right in regard to which
the proceedings can and ought to
have been taken under this Act.

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274 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
5. The allotment proceedings under
Section 195 and 197 of U.P. Zamindari
Abolition & Land Reforms Act do not
come under any of the proceedings as
contemplated by Section 5 (2). The
proceedings for allotment are neither
proceedings for correction of records nor
proceedings for declaration of rights or
interest or for declaration or adjudication
of any other right in regard to which the
proceedings can and ought to have been
taken under the U.P. Consolidation of
Holdings Act. Thus the proceedings under
Sections 195 and 197 of the U.P.
Zamindari Abolition & Land Reforms Act
are not affected by Section 5 (2) of the
U.P. Consolidation of Holdings Act. The
submission of counsel for the petitioner
that
during
the
pendency
of
the
consolidation
proceedings
allotment
cannot
take
place
is
without
any
substance.

6. The next provision relied by the
counsel for the petitioner is 19-A (2) of
the U.P. Consolidation of Holdings Act
which is quoted as below:-

"19-A Preparation of provisional
Consolidation Scheme by the Assistant
Consolidation Officer, _____ (1) The
Assistant Consolidation Officer shall in
consultation
with
the
Consolidation
Committee,
prepare
in
the
form
prescribed a provisional Consolidation
Scheme for the unit.

(2)
Notwithstanding
anything
contained in this Act, the U.P. Zamindari
Abolition & Land Reforms Act, 1950, or
any other law for the time being in force,
it shall be lawful for the Assistant
Consolidation Officer, where in his
opinion it is necessary or expedient so to
do, to allot to a tenure-holder, after
determining its valuation, any land vested
in the Gaon Sabha, or any other local
authority, as a result of notification issued
under Section 117 or 117-A of the U.P.
Zamindari Abolition & Land Reforms
Act, 1950:

Provided that where any such land is
used for a public purpose, it shall be
allotted
only
after
the
Assistant
Consolidation Officer has declared in
writing that it is proposed to transfer the
rights of the public as well as of all
individuals in or over that land to any
other land specified in the declaration and
earmarked for that purpose in the
provisional Consolidation Scheme."

Sub-section (2) of Section 19-A on
which reliance has been placed by the
counsel for the petitioner itself provides
that it shall be lawful for the Assistant
Consolidation Officer, where in his
opinion it is necessary or expedient so to
do, to allot to a tenure-holder after
determining its valuation, any land vested
in the Gaon Sabha or any other local
authority. The provision under Section
19-A (2) of the Act is only enabling
provision which enables the Assistant
Consolidation Officer while preparing
Consolidation Scheme to make allotment
of a Gaon Sabha land after determining its
valuation but the said provision cannot be
read creating any prohibition to the
allotment
proceedings
contemplated
under
Section
195
and
197
U.P.
Zamindari Abolition & Land Reforms
Act. Section 19-A also do not help the
petitioner in any manner in support of his
submission that during the pendency of
consolidation proceedings the allotment
cannot take place.

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1 All] Hajari Lal Sahu V. State of U.P. and others 275
7. This Court vide its order dated
23.8.2003
as
extracted
above
only
observed that if so advised the petitioners
may move appropriate application in
pending revision before the Deputy
Director of Consolidation. The said order
do not entitled the petitioner to approach
the Collector by moving an application on
administrative side praying for stay of
entire
allotment
proceedings.

The
Collector has rightly observed in the
impugned order that it will be open to the
petitioner to move an application in the
pending revision as per judgment of this
Court dated 23.8.2003. No error has been
committed by the Collector in rejecting
the application. The order dated 4.12.2003
does not suffer from any error warranting
interference by this Court under Article
226 of Constitution of India.

8. The writ petition lacks merit and
is dismissed summarily.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 29.01.2004

BEFORE
THE HON'BLE S.N. SRIVASTAVA, J.

Writ Petition No. 26414 of 2003

Hajari Lal Sahu

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri B.N. Yadav

Counsel for the Respondents:
S.C.

Indian Stamp Act-Sec.47-A-U.P. Stamp
(Valuation of property) Rules, 1997-Rr.
3,4 and 5-Natural Justice-Market ValueAssessment Agricultural land situated
between two villages-Payment of stamp
duty by after assessing valuation thereof
in
accordance
with
law-Proceedings
under S.47-A initiated by S.D.O. upon
complaint of third person-orders passed
without affording any opportunity of
hearing-Impugned
order
demanding
additional Stamp duty on basis of Note 2
of
guidelines
formulated
by
D.M.
determining valuation of certain land
and
presuming
agricultural
land
calculated as per sq. meter highly
discriminatory
and
arbitrary-S.D.O.
proceeded on report of Sub-Registrar
without any inquiry finding based on any
verifiable evidence-held impugned order
liable to be quashed.

Held: Para 12

From a bare perusal of the impugned
order, it would transpire that the S.D.O.
concerned
proceeded
to
pass
the
impugned order merely on being so
directed on the complaint of one Kishan
Lal Sahu and on the basis of report dated
24.4.1999 submitted by the Deputy
Registrar II and no proper enquiry was
made nor it appears from the record that
there
was
any
material
direct,
circumstantial or even intrinsic evidence
on the basis of which a reasonable belief
could be formed that the instrument has
been undervalued in observance of Rules
3 and 4 of the Stamp Rules and Section
47 A of the Stamp Act. The authority
concerned appears to have heavily relied
upon Note-2 of the impugned order and
on a punctilious reading of the Note-2,
proceeded to pass the impugned order in
utter disregard of the mandate contained
in Rules 4 (1) (a) (i) to (iv) or 5 of the
Stamp Rules, 1997 in which condition
precedent was the proximity of land to
road, market, bus station railway station,
factories,
educational
institutions,
hospitals
and
government
offices,
classification of soil and availability
irrigation facility etc. It would also
appear
that
the
S.D.O.
concerned
proceeded on the report of Sub Registrar
without making enquiry and recording of
finding based on any verifiable evidence.
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