Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 109794 (ALL)

KANCHAN SINGH AND 66 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIB/4678/2024 · 2025-02-26

J J Munir

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:27261 Court No. - 49 Case :- WRIT - B No. - 4678 of 2024 Petitioner :- Kanchan Singh And 66 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjeet Singh Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble J.J. Munir,J. Heard Mr. Ranjeet Singh, learned counsel for the petitioners in support of the motion to admit this petition to hearing at length, Mr. Achal Singh, learned counsel appearing on behalf of the Gaon Sabha and Mr. Sanjay Kumar Ray, learned Standing Counsel appearing on behalf of the State. This petition has been filed seeking issue of a mandamus to the respondents, that is to say, the Government and the Consolidation Commissioner, U.P., Lucknow to cancel, by issue of a notification under Section 6 of the U.P. Consolidation of Holdings Act, 1953, the ongoing consolidation operation in village Agarhunda, Block Pahadi, Pargana and Tehsil Rajapur, District Chitrakoot by virtue of declaration under Section 4(1) followed by a notification under Section 4(2). The grounds urged are that though consolidation operations were launched way back in the year 2013, there is no progress and still the village is under survey. It is also said that due to geographical conditions in the village, 80% of the farmers do not want the consolidation to go ahead. The land in the village is undulated and, therefore, not fit for consolidation. The decision to issue a declaration under Section 4 or cancelling it under Section 6 is essentially an instance of the exercise of legislative powers of the State as held in the 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 There is no challenge to the declaration under Section 4(1) of the kind necessary to question a statute on the ground of vires. The ground on which continuing consolidation operations are questioned and the prayer made for the issue of a direction to the State to cancel the consolidation operation by exercise of powers under Section 6, is misconceived. This writ petition is not maintainable. Accordingly, it is summarily dismissed. Order Date :- 27.2.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad