Supreme Court of India · 1963-08-23
DEPUTY DIRECTOR OF CONSOLIDATION,AZAMGARH vs DEEN BANDHU RAI
- Citation / case number
- SC 1963/139
- Court
- Supreme Court of India
- Petitioner
- DEPUTY DIRECTOR OF CONSOLIDATION,AZAMGARH
- Respondent
- DEEN BANDHU RAI
- Author
- DAS, S.K.,SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKARR.
- Bench
- DAS, S.K.,SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that under Section 16A of the U.P. Consolidation of Holdings Act, 1953, the Settlement Officer must grant permission for transfer unless it is likely to defeat the consolidation scheme. The Court clarified that if there is a conflict between a principle under Section 18 or a proposal under Section 23 and the transfer application, the Settlement Officer may refuse permission. The Division Bench's direction to the Settlement Officer was deemed inconsistent with Section 16A(2) and thus not upheld.