Court No. - 9
Case :- WRIT - B No. - 199 of 2019 Petitioner :- Raj Kumar Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed seeking the following amongst other relief:-
"(1) A writ of certiorari be issued for quashing the notification dated 29.09.2012 issued by respondent no. 2, Commissioner Consolidation U.P. (Annexure no. 1) to the writ petition be quashed."
This writ petition has been filed for quashing the notification under Section 4 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 281 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 their regard as any such interference would amount to directing the legislature to legislate in a particular manner, which power the High Court does not possess while exercising jurisdiction under Article 226 of the Constitution of India.
This view has been followed by a subsequent Division Bench in Special Appeal (Defective) No. 421 of 2015, Dalip Singh & 3 others Vs. Vikram Singh & 6 others.
Under the circumstances, the relief prayed for in this writ petition cannot be granted.
The writ petition is accordingly, dismissed.
Order Date :- 29.1.2019 Mayank