PRASHANT SINGH & ORS. ETC. VERSUS MEENA & ORS. ETC. CITATION: 2024 (SC) 355

PRASHANT SINGH & ORS. ETC. VERSUS MEENA & ORS. ETC. CITATION: 2024 (SC) 355

Facts: The dispute involves ownership of land in the village of Mustafabad, Uttarakhand, originally owned by Angat and his three sons. Kalyan Singh, one of the co-owners, was removed from the revenue records during consolidation proceedings on the grounds that he was untraceable. This led Ramji Lal, another co-owner, to claim sole ownership. Kalyan Singh subsequently filed a suit for declaration of his share, which was decreed in his favor, but later remanded by the Board of Revenue for further adjudication.

Issue: Whether a Consolidation Officer can remove a tenure holder’s ownership and transfer it to another person.

Observation: The Supreme Court held that a Consolidation Officer does not have the authority to remove a tenure holder’s vested title and grant ownership to another. The Court emphasized that the Consolidation Officer's role under Section 49 of the 1953 Act is to prevent fragmentation and consolidate land holdings, not to transfer ownership. The Court also noted that once a person is recognized as a co-owner, exclusive possession of the land by another party must be considered joint, and any claims to sole ownership were invalid.