Court No. - 9
Case :- WRIT - B No. - 5466 of 2018
Petitioner :- Dharmendra Kumar Jaiswal
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Avinash Jaiswal,Ram Awadh Mishra
Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Tariq Maqbool Khan, counsel for the Gaon Sabha.
By means of this writ petition, the petitioner seeks following relief -
" I. Issue a writ of certiorari or a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.05.2018 (Annexure No.3), passed by the Consolidation Commissioner, U.P. Lucknow (Respondent no.2), to this writ petition."
The petitioner is challenging a notification issued in exercise of powers conferred by Section 6(1) of the U.P. Consolidation of Holdings Act.
A Division Bench decision of this Court in Agricultural and Industrial Syndicate Limited Vs. State of U.P. reported in 1976 RD page 35 has held that the notifications issued under Section 4 or 6 of the U.P. Consolidation of Holdings Act are conditional legislation and therefore, the High Court is not entitled to interfere in the same in exercise of its jurisdiction under Article 226 of the Constitution of India as any such interference would amount to directing the legislature n a particular manner, which is not permissible. This decision has been followed in a series of similar petitions decided by me earlier as also by a subsequent Division Bench in Special Appeal Defective No. 421 of 2015, Dalip Singh & 3 others Vs. Vikram Singh & 6 others.
For the same reason, this Court has no jurisdiction to interfere. The writ petition is accordingly, dismissed.
Order Date :- 29.10.2018 RKM