Court No. - 9
Case :- WRIT - B No. - 5888 of 2018 Petitioner :- Ram Karan Respondent :- The Director Of Consolidation And 4 Others Counsel for Petitioner :- Afshan Shafaut,Mohammad Mustafa Counsel for Respondent :- C.S.C.,Srikant Tiwari
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) Issue a writ, order or direction in the nature of Certiorari, quashing the impugned order dated 30.07.2018 passed by Respondent no. 1."
This writ petition has been filed for quashing the notification under Section 6 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 :- 21.12.2018 Mayank