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2025 DAILYLAW 22997 (ALL)

SAMARPAL SINGH AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIB/759/2025 · 2025-02-27

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28842 Court No. - 49 Case :- WRIT - B No. - 759 of 2025 Petitioner :- Samarpal Singh And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Rajeev Kumar Singh,Saurabh Shahi Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. Heard learned Counsel for the petitioner, in support of the motion to admit this petition to hearing, at great length and Mr. B. N. Pathak, learned Standing Counsel appearing on behalf of the State. The petitioners challenge a notification under Section 4 of the U.P. Consolidation of Holdings Act, 1953, relating to Village Rehtamafi Ehtmali and Rehtamafi Mustahakam, Tehsil Thakurdwara, District Moradabad. The grounds urged are that chak have been carved out satisfactorily during the previous round of consolidation in the year 1968 and none of the villagers want a consolidation again. The holdings are compact. The power to notify consolidation proceedings under Section 4 of the Act is essentially a legislative power to which challenge can be raised on grounds necessary to challenge the vires of a Legislation. This holds true both of the exercise of power to notify consolidation under Section 4 of the Act and to cancel an ongoing consolidation under Section 6 of the Act. This position of the law is well settled by a 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. This then being the settled position of the law, there is no good ground to quash the impugned notification issued under Section 4 of the U.P. Consolidation of Holdings Act, 1953. This petition fails and is summarily dismissed. Order Date :- 28.2.2025/Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad