Ram Sumer vs State Of U.P. And 2 Others
2023 Latest Caselaw 23914 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174119
 
Court No. - 48
 

 
Case :- WRIT - B No. - 2501 of 2023
 

 
Petitioner :- Ram Sumer
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Avadh Raj Sharma
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. The prayer of petitioner to quash the notification issued under Section 4(2) of U.P. Consolidation of Holdings Act, 1953 is not maintainable since it is in the teeth of judgment passed by Division Bench of this Court in Agricultural & Industrial Syndicate Ltd. Vs. State of U.P., 1975 SCC OnLine All 521, wherein it has been held that, "when the Director of Consolidation issues a notification under Section 4 or 6 of the Act, he performs neither a quasi-judicial function nor exercises any administrative power but performs a legislative function. To judge the validity of the notification the court must apply the same tests as it would apply to a piece of legislation, just as it cannot be contended that any legislative authority should give reasons in support of its legislation or give a hearing to those effected before proceeding to legislate, the Director of Consolidation also cannot be required to give either a reasoned order or to accord a hearing to the tenure-holders concerned before issuing a notification under Section 6 of the Act. It may further be borne in mind that the petitioner had no rights which were affected in consequence of the notification issued under Section 6 of the Act. The orders obtained by the petitioner from the Settlement Officer (Consolidation) had a precarious existence and were liable to be set aside by the Deputy Director of Consolidation in the revisions which were pending." (para 20) ?.."this Court could not pass an order which would make it obligatory on the State Government to enforce the scheme of consolidation in an area where in its opinion such scheme should not be enforced. It would amount to compel the State Government to exercise its power of conditional legislation." (Para 22)

2. The writ petition is accordingly dismissed.

Order Date :- 29.8.2023

AK