ASHOK KUMAR SHARMA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIB/4733/2024 · 2025-03-04
Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110128 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110128 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31176 Court No. - 49 Case :- WRIT - B No. - 4733 of 2024 Petitioner :- Ashok Kumar Sharma And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar,Ashok Kumar Upadhyay Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioners and learned standing Counsel for the State-respondents.
2. This writ petition has been filed seeking following relief:-
"Issue a writ, order or direction in the nature of mandamus directing the respondents to cancel the entire consolidation proceedings in the village Amarpur Ghna, Tehsil Sasani, District Hathras."
3. Though the powers of issuance of notification under Section 4 of the U.P. C. H. Act and to cancel that notification are conditional legislation as held by a Division Bench of this Court in the case of Agricultural and Industrial Syndicate Ltd. Vs. State of U.P., 1976 RD 35 (DB) and this Court in exercise of powers under Article 226 of the Constitution of India could be loath to exercise its jurisdiction in the instant writ petition.
4. Be that as it may, since the certain objections were raised by the petitioners, it is open for them to represent to the State Government in this regard. If such a representation is filed, the same shall be duly considered expeditiously.
5. Subject to the above direction, this writ petition is dismissed. Order Date :- 5.3.2025 Rmk. (Jayant Banerji,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad