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2025 DAILYLAW 135781 (ALL)

UDAY PRATAP v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 5 OTHERS

WRIB/355/2025 · 2025-04-23

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22942 Court No. - 7 Case :- WRIT - B No. - 355 of 2025 Petitioner :- Uday Pratap Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others Counsel for Petitioner :- Brijendra Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The instant petition has been preferred seeking following main relief(s):- "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned notification no. 1879/G-163-59 dated 20.08.2008 under section 4 Ka(2) of C.H. Act published in government Gazette on 06.09.2008 and publication in Gaon Shaba under section 4Ka(2) on dated 04.05.2011 mentioned in the letter dated 17.04.2025 issued by opp. party no. 5 as contained in Annexure no. 1 to this writ petition in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties concerned to take the necessary action in respect of grievances of the petitioner and other farmers raised in their application contained in Annexure No. 1 to this writ petition and direct the opp. Parties concerned to public the section 6 of C.H. Act after cancelling the consolidation operation in revenue village Teni Tehsil Sadar District Hardoi in the interest of justice. iii. Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties concerned to consider and decide the application of the petitioner and other farmers as contained in Annexure No. 1 to this writ petition expeditiously within the stipulated time as provided by this Hon'ble court in interest of justice." Taking note of the pronouncements of this Court on the issue rendered in the case(s) of Suraj Bhan vs. Director, Consolidation, Uttar Pradesh reported in 2006 LawSuit(All) 971, Runup Gramodyog Evam Sewa Sansthan Versus State of U.P. and Others reported in 2022 (155) RD 497 and Daswant Ram Versus Consolidation Commissioner and Others reported in 2015 (126) RD 669, this Court is not inclined to entertain this petition for the main relief(s) sought, quoted above. Accordingly, the instant petition is disposed of finally with liberty to the petitioner to prefer a detailed representation in terms of Rule 17 of U.P. Consolidation of Holdings Rules, 1954 (in short "Rules of 1954"), which shall be considered and decided by the Authority concerned in the light of law on the subject including Rule 17 of the Rules of 1954, most expeditiously Order Date :- 23.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench