Neutral Citation No. - 2025:AHC:19484-DB Reserved on 17.01.2025 Delivered on 11.02.2025 Court No. - 3 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2249 of 2024 Petitioner :- Suggi Lal Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Indra Sen Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. A PIL has been filed for a writ of certiorari for quashing the notification No. 5872/G164-2023-24 dated 15.12.2023 issued under Section 6 of the Consolidation of Holdings Act whereby earlier notification dated 09.02.2016 issued under Section 4(2) of the Consolidation of Holdings Act, has been cancelled. 3. When the petition was came up for admission, on 06.12.2024 the following order was passed:- "1. Petition has been filed inter alia seeking to question the notification dated 15.12.2023 issued under Section 6 of Consolidation of Holdings Act, 1953 cancelling the notification dated 09.02.2016 issued under Section 4(2) of the Act. 2. It is submitted that the petitioner came to know of the fact of issuance of notification dated 15.12.2023 from the instructions produced in PIL No. 39 of 2022 by the Standing Counsel, however, he is not in possession of the said notification. 3. It is surprising that a petition has been filed seeking to question the notification without producing the same. 4. Learned counsel for the petitioner prays for time to place the said notification on record. 5. Time prayed for is allowed. 6. List this petition in the third week of January 2025 as fresh." 4. When the matter again came up before this Court on 17.01.2024 further time was sought for producing the main notification under Section 6 for which time had been granted earlier. 5. This Court reserved the judgment without granting further time because it has been categorically held as far back as in the year 1976 in Agricultural and Industrial Syndicate Litmited v. State of U.P. reported in 1976 RD 35 that the notifications under Sections 4 and 6 of the U.P. Consolidation of Holdings Act are conditional legislation and any direction by the writ Court in their regard would amount to directing the legislature to legislate in a particular manner, which is beyond the scope of a petition under Article 226 of the Constitution of India. 6. 6. Similar view has been taken in Dev Nath Gupta v. DDC reported in 1990 page 177 as also by Division Bench of this Court in its judgment dated 07.07.2015 passed in Special Appeal (Defective) No. 421 of 2015. 7. Since, the notification which is sought to be quashed by means of this PIL cannot be quashed by this Court in view of the judgment cited above, this Court refused to grant further time to bring on record notification under Section 6 of the U.P. Consolidation of Holdings Act, which in any case cannot be quashed in view of the law well settled in its regard. 8. For the same reason, the petition is liable to be and is hereby dismissed. Order Date :- 11.2.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad