Court No. - 9
Case :- WRIT - B No. - 154 of 2019 Petitioner :- Gurdev Singh And 18 Others Respondent :- Consolidation Commissioner And 3 Others Counsel for Petitioner :- Perdeep Kumar Vishnoi,Santosh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard Shri S.K. Shukla, learned counsel for the petitioners.
By means of this writ petition, the petitioner seeks following relief -
"I. Issue a writ, order or direction in the nature of certiorari quashing the Gazette Notification dated 11.07.2014, published in Uttar Pradesh Gazette on 02.08.2014 issued by respondent no.1 in respect of the village Khanawali Dallawala Kot Jawana, Tehsil Nagina, District Bijnor shown at serial no.178 in the Gazette Notification dated 11.07.2014."
It has been contended that the unit in question has been brought under the consolidation operation in the second time by means of a notification under Section 4(A) of the U.P. Consolidation of Holdings Act. The representation has been filed seeks its cancellation.
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. This decision has been followed in a series of similar petitions decided by me earlier.
For the same reason, any direction by this Court as has been prayed for, in my considered opinion would necessarily entail such interference.
Accordingly, I do not consider it appropriate to issue the directions, prayed for.
The writ petition is accordingly, dismissed.
Order Date :- 22.1.2019 Jitendra