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2025 DAILYLAW 19421 (ALL)

RAM SINGH AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIB/581/2025 · 2025-03-04

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31256 Court No. - 49 Case :- WRIT - B No. - 581 of 2025 Petitioner :- Ram Singh And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Naresh Singh Counsel for Respondent :- Azad Rai,C.S.C. 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 mandamus directing the respondent No. 2 to cancel the notification issued under Section 4A(2) of Uttar Pradesh Consolidation of Holdings Act, 1953 having Notification No. 3947/G-610/2023-24 dated 21.10.2023 in respect to village Kalyanpur Kasar, Pargana Hathgaon, Tehsil Khaga, District Fatehpur (Anneure No. 1 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to take the decision on the representation dated 27.01.2025 submitted by the petitioners along with other villagers (Annexure No. 3 to the writ petition)." 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. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad