JUDGMENT S.N. Srivastava, J.
1. By way of this writ petition, petitioner prayed for quashing the order dated 14.11.2005, passed by the Deputy Director of Consolidation, Muzaffarnagar, dismissing revision preferred against order 10.11.2005 of Settlement Officer Consolidation by which Settlement Officer, Consolidation, Muzaffarnagar directed Sub-Divisional Officer, Burhana, Muzaffarnagar and Station Officer, Police Station Shahpur, Muzaffarnagar to immediately stop unauthorized construction of petitioner and take preventive steps on Application of Arvind Kumar-opposite party No. 3. Petitioner further prayed to issue a mandamus commanding opposite parties not to interfere in the peaceful possession of the petitioner over the land in dispute.
2. The facts of the case are that plots in dispute including Plot No. 62 are under the consolidation scheme and allotment of Chafes were made, but from the materials on record it is established that by the order of higher consolidation authorities carvation of Chak and handing over possession of respective Chaks to the Chakholders has been stayed and the parties are in possession of their respective original plots. Petitioner wants to use his part of land in Plot No. 62 purchased by him through a sale deed for animal husbandry till the actual carvation of chafe takes place and possession is handed over. There is no dispute about the boundaries of the plots as regards areas owned by the parties in Plot No. 62.
3. Heard learned Counsel for the petitioner and Sri P.N. Ojha, learned Counsel for opposite party No. 3.
4. Learned Counsel for the petitioner urged that there Is no requirement of permission for making any temporary construction for the purposes of animal husbandry from the Settlement Officer, Consolidation under Section 5(c)(i) of the U.P. Consolidation of Holdings Act. He further urged that since petitioner's cattle are there and he wanted to raise certain temporary construction to protect his cattle, the same could be done without permission as a tenure holder could use his holding for the purposes of agriculture, horticulture or animal husbandry and as such the impugned order restraining him from making temporary arrangement for the purpose of animal husbandry and directing concerned Sub-Divisional Officer and Station Officer to stop construction is without jurisdiction.
5. In reply to the same Sri P.N. Ojha, learned Counsel for contesting opposite party, urged that for any construction permission from Settlement Officer, Consolidation under Section 5(c)(i) of the U.P. Consolidation of Holdings Act was necessary. He admitted that possession of chaks have not been given to the parties and the parties are in possession of their respective original plots. It is also not disputed that petitioner is original tenure-holder to the extent of l/3rd in Plot No. 62 purchased by him through a sale deed in the year 1982. He also urged that contesting opposite party was allotted Chak consisting of a number of plots including a part of Plot No. 62.
6. After considering the arguments of learned Counsel for the parties and the materials on record, this Court by an order dated 21.12.2005 directed District Deputy Director of Consolidation to demarcate Plot No. 62 in possession of petitioner as well as opposite party No. 3 on the basis of their sale deeds. Accordingly, Plot No. 62 was demarcated by the Consolidation Officer as per his report dated 13th January, 2006.
7. In view of the above, there is no dispute about boundary of respective areas of Plot No. 62 owned by the parties. It has already been demarcated.
8. Now the question remains to be considered whether any permission under Section 5(c)(i) of the U.P. Consolidation of Holdings Act is necessary to be obtained from the Settlement Officer, Consolidation before making any construction for the purposes of animal husbandry.
9. Section 5 (c) (i) of the U. P. Consolidation of Holdings Act is being reproduced below:
(c) notwithstanding anything contained in the U. P. Zamindari Abolition and Land Reforms Act, 1950, no tenure-holder, except with the permission in writing of the Settlement Officer, Consolidation, previously obtained shall:
(i) use his holding or any part thereof for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming.
10. It is clear that permission in writing from the Settlement Officer, Consolidation is required for using a holding or any part thereof for the purpose not connected with the agriculture, horticulture or animal husbandry including pisciculture and poultry farming. In the present case according to petitioner his cattle are unsafe and for the purposes of protection of his cattle which is connected with the animal husbandary petitioner wanted to make a temporary arrangement.
11. The intention of Legislature while enacting Section 5 (c) (i) of the U. P. Consolidation of Holdings Act was that the consolidation scheme is not affected and Chaks be carved out without any hindrance. The rider of permission by the Settlement Officer, Consolidation was made with this intention only. Petitioner does not want to create any hurdle in the carvation of Chak or handing over possession. It shall take place in accordance with law even if petitioner is permitted to use land of his original holding for the purposes of animal husbandry pending carvation of Chak and handing over possession of Chaks. For this purpose no permission in writing from the Settlement Officer, Consolidation is required.
12. As petitioner wants to make temporary arrangement to use the land for the purposes of animal husbandry, no permission in writing as contemplated under Section 5 (c) (i) of the U.P. Consolidation of Holdings Act from the Settlement Officer, Consolidation was required, but on close of consolidation scheme, the same shall be demolished.
13. In view of the above, writ petition succeeds and is allowed. Impugned orders dated 14.11.2005, passed by the Deputy Director of Consolidation, Muzaffarnagar and 10.11.2005 passed by Settlement Officer Consolidation are quashed. Petitioner may use his original holding in Plot No. 62 for the purpose of animal husbandry to protect his cattle in his actual possession till carvation of Chak takes place and possession in pursuance thereof is handed over to different Chak holders in accordance with law after publication under Section 23 of the U.P. Consolidation of Holdings Act is made. The petitioner shall remove all his temporary construction from his original holding in Plot No. 62 in case he is not allotted Chak on his original holding in Plot No. 62.
14. No order as to cost.