1 Neutral Citation No. - 2025:AHC:35716 Court No. - 49 Case :- WRIT - B No. - 925 of 2025 Petitioner :- Ashraf Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Diwakar Shukla,Harendra Prakash Dwivedi Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. 1. This writ petition has been filed by the petitioner, seeking to quash a notification issued under Section 4-A (2) of the U.P. Consolidation of Holdings Act, 1953 (for short, 'the Consolidation of Holdings Act') by the Consolidation Commissioner, insofar as it relates to Village Dhaurhara, Tehsil Khaga, District Fatehpur, notifying consolidation operations for the said village. 2. The case of the petitioner briefly put is that he is a native and a permanent resident of the said village. The residents of the village, who are farmers, do not want the village to be brought under consolidation proceedings. They have held a number of meetings amongst themselves and with the officials, who have assured them of a cancellation but to no avail. It is argued that the consolidation proceedings have been notified against the consent of the majority of the natives and the farmers' request to cancel the notification of consolidation operation has gone unheeded. 3. Heard Mr. Diwakar Shukla, learned Counsel for the petitioner and Mr. Ashish Chandra Nishad, learned Standing Counsel appearing on behalf of the State. 2 4. The grounds, on which the petitioner seeks cancellation of consolidation proceedings, initiated under Section 4 of the Consolidation of Holdings Act, do not entitle them to question it. It is by now well settled that a notification under Section 4 of the Consolidation of Holdings Act, notifying consolidation operations, is an instance of the exercise of legislative power of the State and not merely administrative power. In consequence, grounds, that are available to challenge administrative and executive orders of the Government, are not available to question the validity of a notification under Section 4 of the Consolidation of Holdings Act. 5. A reference in this regard may be made to a Bench decision of this Court in Agricultural & Industrial Syndicate Limited v. State of U.P., 1975 SCC OnLine All 521, followed by a learned Single Judge 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, 2016:AHC:182608- DB. 6. The principles, more or less, regarding the nature of a notification under Section 4 or 6 of the Consolidation of Holdings Act laid down in Agricultural & Industrial Syndicate (supra) have been approved by a Division Bench of this Court in Dalip Singh and other v. Vikram Singh and others, (2015) SCC OnLine All 7569. The following remarks of the Division Bench in Dalip Singh (supra) may be referred to: "The provisions of sections 4 and 6 of the Act came up for consideration before a Division Bench of this Court in Agricultural & Industrial Syndicate Ltd. (supra). The Division Bench held that when the Director of Consolidation issues a notification under section 4 or section 6, he performs neither a quasi judicial function nor 3 does he exercise an administrative power. In the view of the Division Bench, the power was of a legislative nature. Moreover, it was held that if a notification is issued under section 6, the land holder has no rights which are affected in consequence of such a notification....." 7. Therefore, if the petitioner seeks to challenge the notification under Section 4 of the Consolidation of Holdings Act, he would have to raise a challenge of the kind that one is required to do if he impugns a Statute or an Act of Parliament, or the State Legislature. It cannot be questioned on grounds that are available to assail administrative orders or other executive decisions of the Government. That is not the kind of challenge involved here. 8. In the circumstances, we are of opinion that no case for interference with the impugned notification under Section 4-A(2) of the Consolidation of Holdings Act is made out. 9. This writ petition fails and is summarily dismissed. Order Date :- 11.3.2025 Anoop/Brijesh Maurya (J.J. Munir) Judge Digitally signed by :- ANOOP KUMAR SINGH High Court of Judicature at Allahabad