Allahabad High Court
Gram Sabha Manpur Kalyan Samiti vs State Of U.P. And 4 Others on 17 August, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165026
Court No. - 48
Case :- WRIT - B No. - 1984 of 2023
Petitioner :- Gram Sabha Manpur Kalyan Samiti
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Satish Chandra Dwivedi
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Satish Chandra Dwivedi, learned counsel for the petitioner and Sri A.C.Nishad, learned Standing Counsel.
2. Petitioner has claimed to be a Secretary of Gram Sabha, Manpur Kalyan Samiti and has approached this Court earlier by filing Writ-B No.1219 of 2022, with prayer for a writ of mandamus commanding the revenue authorities to initiate proceedings for consolidation operations in the village concerned. Aforesaid writ petition was dismissed vide order dated 30.5.2022 being not maintainable and the said order is reproduced hereinafter:
"Heard the counsel for the petitioner.
The present writ petition has been filed by the petitioner praying for a writ of mandamus commanding the revenue authorities to initiate proceedings for consolidation operations in the village.
Whether the village shall be brought under the consolidation operations or not is a matter to be decided by the State Government.
The petitioner may approach the appropriate authority for the said purpose.
The writ petition is not maintainable and is dismissed."
3. Learned counsel for the petitioner submits that since liberty was granted to the petitioner to approach the appropriate authority, a representation dated 20.9.2022, was despatched to the Secretary, Revenue Department, Lucknow, U.P., by Speed Post, copy of which is annexed along with this writ petition as Annexrue No.5, though no track report of service is placed on record.
4. Learned counsel for the petitioner further submits that this writ petition is filed with prayer to consider initiation of proceedings for consolidation of agricultural holding in Village-Manpur, Tahsil Koraon, District-Prayagraj under the U.P. Consolidation of Holdings Act, 1953 and to pass appropriate order on the representation dated 20.9.2022, since the villagers have been deprived of benefit of consolidation proceedings.
5. Learned Standing Counsel submits that petitioner has no locus and it is up to the State whether to initiate consolidation proceedings or not and he placed reliance upon a Division Bench judgment of this Court in Agricultural & Industrial Syndicate Ltd. Vs. State of U.P., 1975 SCC OnLine All 521, being against the petitioners, therefore, the prayers sought in the writ petition may not be allowed.
6. Heard learned counsel for parties and perused the records.
7. Petitioner is claiming himself to be Secretary of a Samiti. However, no document has been placed on record as to whether its Secretary was authorised to file this writ petition.
8. It is not in dispute that petitioner has earlier approached this Court by filing writ petition as referred above with prayer to direct the respondents to initiate consolidation proceedings. However, the same was dismissed being not maintainable, but an observation was made that the petitioner may approach the appropriate authority for redressal of his grievances.
9. Petitioner thereafter has approached the concerned authority by way of filing a short representation which is referred above sent by speed post. However, since its track report is not on record, therefore, at this stage it cannot be said as to whether it has been received at the office of State respondents or not.
10. Even otherwise, in view of the above referred judgment, petitioner has no locus to approach this Court seeking a writ of mandamus to initiate consolidation proceedings, no mandamus can be issued to the legislature to legislate on any subject.
11. However, since a representation dated 20.9.2022 has been filed and if it is received in the office of State respondents, the authority may consider it only in accordance with law.
12. With the aforesaid observation/direction, this writ petition is disposed of.
Order Date :- 17.8.2023
SB
