Court No. - 9
Case :- WRIT - B No. - 151 of 2019 Petitioner :- Narottam Lal And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard Shri G.K. Singh, 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 mandamus, directing the respondents to exclude the consolidation proceeding initiated in Village Vahora, Pargana Bhojpur, Tehsil Sadar, District Farrukhabad in the light of the government order dated 20.09.2018 issued by the respondent no.2 within reasonable time, which may be fixed by this Hon'ble Court."
It has been contended that the unit in question has been brought under the consolidation operations by means of a notification under Section 4(A) of the U.P. Consolidation of Holdings Act in 1996. However, the consolidation operations have still not concluded. Therefore, a representation that has been filed, seeking cancellation of the notification under Section 4-A 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 such interference would amount to directing the legilature to legislate in a particular manner which jurisdiction the High Court does not possess.
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