KALPNATH YADAV AND 2 OTHERS v. STATE OF U.P. AND 8 OTHERS
WRIB/4710/2024 · 2025-03-04
Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110372 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110372 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31180 Court No. - 49 Case :- WRIT - B No. - 4710 of 2024 Petitioner :- Kalpnath Yadav And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bhupendra Kumar Tripathi,Kailash Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State-respondents.
2. This petition has been filed seeking the following reliefs:-
"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned de-notification dated 27.6.2024, being वविज्ञवप्ति ससंख्यया / जज-361/2024- 25/धयारया 52 (1) in respect of Village Sadat Binduli, Pargana Haveli, Tehsil Sadar, District Jaunpur (Annexure No.1 to the writ petition). ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2/ Consolidation Commissioner to take an appropriate decision upon the representation dated 23.10.2024 filed by the petitioners, in pursuance of the order dated 3.10.2024 passed by this Hon'ble Court in Writ- B No. 3872/2024 ( Kalpnath Yadav and others Vs. State of U.P. & others) in respect of village Sadat Binduli, Pargana Haveli, Tehsil Sadar, District Jaunpur (Annexure No. 5 & 4 to the writ petition)."
3. The contention of the learned counsel for the petitioners is that during consolidation operation, no provision was made for setting aside area of playground and other requisite amenities and before anything could be done, the notification under sub-section (1) of Section 52 of the U.P. Consolidation of Holdings Act has been issued by the authorities. It is stated that the petitioners had earlier approached this Court by means of writ petition bearing Writ-B No. 3872 of 2024, which was disposed of by an order dated 3.10.2024 giving liberty to the petitioners to move a fresh representation before the Consolidation Commissioner with respect to their grievance raised in the writ petition before the Consolidation Commissioner.
4. It is stated that when they approached the authorities concerned by means of representation, they were informed that notification under sub-section (1) of Section 52 has been issued and, therefore, the representation cannot be considered.
5. The purpose of making the representation filed by the petitioners which has been enclosed as Annexure No. 5 to the writ petition is admittedly in respect of proceedings are required to be taken by/before the authorities under Section 8A of the Act.
Learned counsel for the petitioners has not been able to state whether any objections were filed after preparation of the statement of principles and whether such objections were disposed of under the provisions of Section 9B of the Act. At this belated stage, the petitioners cannot be permitted to raise these objections which they ought to have raised at the appropriate stage.
6. This Court finds no merit in this petition and it is accordingly, dismissed.
Order Date :- 5.3.2025 sfa/ (Jayant Banerji, J) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad