Transfer of chakout land outside consolidation scheme did not require prior permission under consolidation law.

Prior written permission under Section 5(c)(ii) of the U.P. Consolidation of Holdings Act is required only for transfer of land forming part of the consolidation scheme, because such transfers may affect reallocation in consolidation proceedings. Chakout or abadi land lying outside the consolidation scheme is not liable to be reallocated and therefore its transfer does not attract that permission requirement. The review jurisdiction was also properly invoked because an apparent error on the record had not been considered earlier. As a result, no permission of the Settlement Officer (Consolidation) was needed for transfer of the suit property, and the challenge failed.

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Issues: Whether permission of the Settlement Officer (Consolidation) was required under Section 5(c)(ii) of the U.P. Consolidation of Holdings Act before transfer of land declared chakout and outside the consolidation scheme.

Analysis: The provision requiring prior written permission applies to transfer of a holding in the consolidation area, because transfer of land forming part of the consolidation scheme may affect the scheme. Land which is abadi land or otherwise chakout, and therefore outside the consolidation scheme, is not liable to be reallocated or allotted in consolidation proceedings. Though such land may remain part of the tenure-holder's holding, it is not land whose transfer requires permission under Section 5(c)(ii). The review jurisdiction was properly exercised because an apparent error on the face of the record had not earlier been considered.

Conclusion: No permission of the Settlement Officer (Consolidation) was required for the transfer of the suit property, and the challenge to the impugned order failed.

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