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1 - 8 of 8 (0.22 seconds)The Assam Consolidation of Holdings Act, 1960
Section 9 in The Assam Consolidation of Holdings Act, 1960 [Entire Act]
Section 4 in The Assam Consolidation of Holdings Act, 1960 [Entire Act]
Section 5 in U.P Consolidation of Holdings Act, 1953 [Entire Act]
Suraj Pal (D) Thr. Lrs. vs Ram Manorath on 11 August, 2017
In Suraj Pal Vs. Ram Manorath and others, 2017 (136) RD 621, the Apex Court had the occasion to consider the object of the then existing provision of Section 5(c)(ii). After going through the provisions of Section 5(c) of the Act, the Apex Court had observed: "The purpose of a consolidation scheme is to provide consolidation of agricultural holdings. Abadi land, groves etc. are kept outside the scope of consolidation scheme. They cannot be re-allocated or re-allotted to any other person. Therefore, strictly speaking, they are not subject matter of the consolidation scheme. The intention of introducing Section 5(c)(ii) of the Act was that if the land holding is subject to consolidation proceedings then permission of the Settlement Officer (Consolidation) is required before the same is transferred. This is so because if the land, which is subject matter of consolidation proceedings, is sold or permitted to be transferred during consolidation proceedings, it could affect the entire consolidation scheme. However, if the land is not subject matter of the consolidation scheme, though it may be part of the holding of the tenure holder, then no permission is required." By observing as above, the apex court had refused to apply the provisions of section 5 (1) (c) (ii) of C.H. Act on chak-out plot.
Jokhu Prasad vs State Of U.P. And Others on 25 January, 2010
In support of the aforesaid submission, learned counsel for the third respondent has placed reliance on a decision of this Court in Jokhu Vs. State of U.P. and others: 2015 (126) RD 673 wherein it was held that where the land in dispute is declared chak-out and is Abadi, then parties are free to raise their dispute before the civil court and, under the circumstances, application seeking permission under Section 5(1)(c)(i) is not maintainable.
Mishri Lal And Ors vs Tulsi Ram Gupta &Ors on 21 September, 2011
A fortiori, where a plot is not part of the consolidation scheme, and no dispute in respect of right or title or interest of the parties of the plot is pending adjudication before the consolidation authorities, the consolidation authorities would have no jurisdiction to entertain an application for grant of injunction simpliciter in respect of such plot. For such relief the parties may approach the civil court, keeping in mind the law laid down by Division Bench of this Court in Banwari Lal's case (supra).
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