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2025 DAILYLAW 111736 (ALL)

LALMAN AND 4 OTHERS v. STATE OF U.P AND 4 OTHERS

WRIB/4800/2024 · 2025-03-04

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31251 Court No. - 49 Case :- WRIT - B No. - 4800 of 2024 Petitioner :- Lalman And 4 Others Respondent :- State Of U.P And 4 Others Counsel for Petitioner :- Gopal Das Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta,Shailendra Kumar Pandey 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:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order/notification dated 19.01.2024 issued by the respondent No. 3 under Section 4-A(2) of U.P.C.H. Act in respect of the Village Chhapiya Manjhariya, Tappa-Kapri Mahaso, Pargana Mahuli Pashchim, Tehsil Sadar, District Basti (Annexure No. 1). (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation/objection dated 23.11.2024 moved by the petitioners under Section 6 read with Rule 17 of U.P.C.H. Act within stipulated period as my be fixed by this Hon'ble Court." 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. 6. All pending applications are disposed of. Order Date :- 5.3.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad