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2025 DAILYLAW 109371 (ALL)

BRIJANAND YADAV AND 42 OTHERS v. THE DIRECTOR CONSOLIDATION AND 4 OTHERS

WRIB/4631/2024 · 2025-02-26

J J Munir

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27148 Court No. - 49 Case :- WRIT - B No. - 4631 of 2024 Petitioner :- Brijanand Yadav And 42 Others Respondent :- The Director Consolidation And 4 Others Counsel for Petitioner :- Hare Ram Pandey Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. This is a time fixed matter appearing along with a bunch of writ petitions. When the case is called on, no one appears on behalf of the petitioners. Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel is present on behalf of the State. The petitioners pray that a mandamus be issued ordering the respondents not to take steps for taking over possession from the original tenure-holders of the land in village Bankata Shambhoo, Post Bhatpar Rani, District Deoria during the consolidation operations initiated in terms of a notification under Section 4(2) of U.P. Consolidation of Holdings Act, 1953. There is a further mandamus seeking a command to the respondents not to dispossess them from their land. The prayers made, appear to be premature. If and when during consolidation operations individual orders are passed that disturb the petitioners original holding etc., it would be open to them to seek remedies against those orders in the manner prescribed by law. It is difficult to issue a preemptive mandamus that would insulate the petitioner from the effect of the consolidation operations. The ground that the petitioner urges for seeking such a drastic relief is that members of the Gaon Sabha had filed various applications seeking cancellation of the consolidation operations. The decision to issue a notification under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953 is the consequence of a declaration under Section 4(1). Once a declaration under Section 4(1) has been issued and not challenged, a notification under Section 4(2) can hardly be questioned. That apart, the decision to issue a declaration under Section 4(1) and a consequential notification under Section 4(2) has been held on good authority to be an instance of the exercise of legislative power of the State which can be questioned before this Court on a challenge of the kind raised to a statute that is ultra vires. There is no ground of that kind urged by the petitioner. This petition is not maintainable. It is, accordingly, dismissed as not maintainable. Order Date :- 27.2.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad