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2025 DAILYLAW 11792 (ALL)

SMT VINEETA v. STATE OF U.P. AND 3 OTHERS

WRIB/422/2025 · 2025-03-10

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36018 Court No. - 49 Case :- WRIT - B No. - 422 of 2025 Petitioner :- Smt Vineeta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aklank Kumar Jain Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. Heard Mr. Aklank Kumar Jain, learned counsel for the petitioner in support of the petition at a considerable length and Mr. Sanjay Kumar Ray, learned Standing Counsel appearing on behalf of the State. The petitioner wants the ongoing consolidation operations to be cancelled and has represented in that regard to the Consolidation Commissioner, U.P., Lucknow. He says that the majority of the natives of the village have voted for cancellation of the ongoing consolidation operations. It is also argued that there is violation of Rule 17-B of the U.P. Consolidation of Holdings Rules, 1954. It is by now well settled that the decision to cancel ongoing consolidation operations by issue of a notification under Section 6 of the U.P. Consolidation of Holdings Act, 1953 is an instance of exercise of the legislative power of the State which this Court cannot interfere with on grounds upon which orders of an administrative nature are called in question. Challenge to a decision to cancel can be founded on grounds necessary to question the vires of a legislation. Here, the prayer is for a mandamus to the respondents to take appropriate action on a report dated 03.09.2024 submitted by some Authority under the Act in order to decide upon the issue of cancellation of the ongoing consolidation operations. A mandamus certainly cannot be issued to compel the respondents to perform a function that is essentially legislative in nature. A mandamus issues to perform all kinds of public duties to the State and their instrumentalities which mean duties of an executive, administrative or of ministerial nature; not legislative. In this regard, reference may be made to 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. In this view of the matter, the mandamus prayed, cannot be granted. This petition fails and is dismissed summarily. Order Date :- 11.3.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad