Court No. - 36
Case :- WRIT - B No. - 3073 of 2018 Petitioner :- Kewal Krishna And 19 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A/J0016 Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present writ petition is to issue a direction to the Consolidation Commissioner to decide the representation of the petitioners for cancellation of notification under Section 4 of U.P. Consolidation of Holdings Act. The submission is that the villagers are of the opinion that no consolidation of the lands are required in the village inasmuch as they are in settled possession and there are no dispute.
A Division Bench of this Court in Writ Petition No. 54560 of 2016 (Vishvadev vs. Director of Consolidation and others) has held that issuance of notification under Section 4(1) and Section 6(2) of the Act are simply legislative function. The Court has no jurisdiction to intervene in such matters and issue direction to the legislative authorities to legislate in a particular manner. It is always within the jurisdiction of the Consolidation Commissioner to take a decision for de-notification of the village, in case, it comes to the conclusion that the consolidation is not required or it would not be in the interest of the tenure holders.
Following the dictum of Division Bench, this Court is of the view that no mandamus can be issued.
The writ petition is found devoid of merits and hence dismissed. Order Date :- 30.3.2018 Brijesh