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2025 DAILYLAW 109511 (ALL)

DHEERAJ KUMAR SRIVASTAVA @ SHIVESH KUMAR SRIWATAVA v. State of UP AND 3 OTHERS

WRIB/4571/2024 · 2025-02-26

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27441 Court No. - 49 Case :- WRIT - B No. - 4571 of 2024 Petitioner :- Dheeraj Kumar Srivastava @ Shivesh Kumar Sriwatava Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. Heard Mr. Dinesh Kumar Singh, learned counsel for the petitioner in support of the motion to admit this petition to hearing at great length and Mr. Sanjay Kumar Ray, learned Standing Counsel appearing on behalf of the State. In effect, the petitioner asks this Court to issue a mandamus to cancel a notification under Section 4-A(2) by issuing another under Section 6 cancelling the ongoing consolidation operations. The ground urged is that Rule 17B of the U.P. Consolidation of Holdings Rule, 1954 has been violated in issuing the notification under Section 4-A(2) in that, that an earlier cancellation of consolidation operations under Section 6 and the petitioner's objections were not considered while issuing the current notification under Section 4-A(2). We are afraid that the petitioner does not have any justiciable right to seek quashing of the notification under Section 4-A(2). The power under Section 4-A(2) essentially emanates from State policy and expressed in that notification that has legislative force. A challenge to a decision by the State to initiate consolidation operations in a village have to be of the kind necessary to bring down a legislation on the ground of vires. That kind of a challenge is certainly not raised here. This position of the law is well settled by a Bench decision of this Court in Agricultural & Industrial Syndicate Limited vs. State of U.P., 1975 SCC OnLine All 521, followed by a learned Single Judge of this Court in Raja Ram Ojha vs. Consolidation Commissioner, U.P, Lucknow, 2014 SCC OnLine All 15410 and a later Bench decision in Vishvadev vs. Director of Consolidation and others, Neutral Citation No. 2016:AHC:182608-DB. In the face of all this authority, the petitioner has no justiciable right to maintain this petition. It is summarily dismissed. Order Date :- 27.2.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad