Summary
Permission under the consolidation law was unnecessary for sale of the admitted abadi property declared chakout and excluded from the consolidation scheme. Although part of the tenure-holder’s holding, it could not be valued for redistribution or allotted to another person. The High Court properly corrected its earlier omission of this decisive argument in review.
Issues
- Whether sale permission was required for land excluded from consolidation.
- Whether the High Court could correct the omitted chakout issue in review.
Provisions considered
- Section 5(c)(ii), Uttar Pradesh Consolidation of Holdings ActThe reproduced restriction was construed to concern land subject to the consolidation scheme, not the admitted excluded abadi plot. (¶ 7–8)
Held
- The transfer restriction protected the operation of consolidation. Land excluded from that scheme, incapable of redistribution and not valued for it, did not require permission merely because it belonged to a tenure-holder’s wider holding. (¶ 8)
- The earlier judgment had overlooked the argument based on the admitted chakout status. Correcting that apparent error through review was permissible on these facts. (¶ 5–6)
Result
Appeal dismissed; High Court review decision upheld and interim status quo vacated.