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2026 DAILYLAW 10292 (UTT)

MAHIPAL v. STATE OF UTTARAKHAND

WPMS/2130/2026 · 2026-08-19

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010122672026 2026:UHC:7443 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2130/2026 Mahipal --Petitioner Versus State of Uttarakhand & Another --Respondents Hon’ble Manoj Kumar Tiwari, J. Ms. Ishita Dhela, Advocate, i/b Mr. D.C. Mathur, Advocate for the petitioner. Mr. Yogesh Pandey, Deputy AG, for the State. Mr. Rajendra Singh Azad, Advocate for the caveator, through VC. (2) Petitioner has challenged notification dated 17.1.2026, issued by Director, Consolidation, whereby a notification earlier made under Section 4 of U.P. Consolidation of Holdings Act, 1953 was cancelled. (3) Learned State Counsel submits that State has power under Rule 17 of Consolidation of Holdings Rules, 1954 to cancel notification under Section 4 of U.P. Consolidation of Holdings Act. He further submits that Gram Sabha of the concerned village has passed resolutions from time to time, questioning the decision of the State Government to initiate consolidation proceedings and villagers had opposed the move to hold consolidation proceedings on the ground that it would lead to bad blood. (4) Mr. Rajendra Singh Azad, appearing for the caveator, submits that concerned village has become part of UKHC010122672026 2026:UHC:7443 Municipal Area, vide notification dated 4.8.2021. Relevant notification is produced in Court, which is taken on record. Perusal thereof reveals that village concerned is now within Nagar Panchayat Imli Khera. (5) Since power to cancel notification under Section 4 of U.P. Consolidation of Holdings Act is referable to Rule 17 of Consolidation of Holdings Rules and since the concerned village is now part of Nagar Panchyat, therefore, this Court do not find any reason to interfere in the matter. Writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 19.8.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2026.08.19 18:42:54 +05'30'