Ramswaroop And 4 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 19181 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:49003
 
Court No. - 18
 

 
Case :- WRIT - B No. - 648 of 2023
 

 
Petitioner :- Ramswaroop And 4 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Govt. Lucknow And 5 Others
 
Counsel for Petitioner :- Anil Kumar Mishra,Rajendra Singh
 
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

By means of this petition, the petitioners have prayed for the following main reliefs:-

"i. Issue a writ, order or direction in the nature of certiorari whereby quashing the impugned notification under section 4- A(2) of U.P. C.H. Act which is published on 08.03.2014 in pursuance of the notification no. 706/G-610/2012 U.P.C.H. Act 1963 dated 08.02.2014 issued by Consolidation Commissioner Uttar Pradesh Lucknow (opposite party no.2) in which the petitioners village Raheemabad, Pargana and Tehsil- Safipur, District- Unnao find at serial no.115 contained as Annexure No.2 with the writ petition, in the interest of justice.

ii. Issue a writ, order or direction in the nature of mandamus, thereby commanding and directing the opposite parties to decide the application /representation dated 19.07.2023 contained in Annexure No.9 to the writ petition."

The Notification, in issue, issued under Section 4-A(2) of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") published on 08.03.2014 can be recalled by the Consolidation Commissioner, if Rule 17 of U.P. Consolidation of Holdings Rules, 1954 (in short "Rules of 1954") is attracted. Taking note of Rule 17 of the Rules of 1954 as also after considering para 6, 7 and 15 of this petition and the judgments on the issue passed by this Court in the case(s) of Suraj Bhan vs. Director, Consolidation, Uttar Pradesh reported in 2006 LawSuit(All) 971 and Runup Gramodyog Evam Sewa Sansthan reported in MANU/UP/1587/2022, on being confronted, learned counsel for the petitioners says that he would not press this petition so far is relates to relief No. (i) and a direction be issued to respondent No. 2/Commissioner Consolidation U.P., Lucknow to decide the representation dated 19.07.2023 annexed as Annexure No. 9 to this petition.

In view of above, this petition is dismissed as not pressed so far as it relates to relief No. (i) prayed for in this petition.

As regards relief No. (ii) prayed for in this petition, the petition is disposed of with a direction to the respondent No. 2 to consider and decide the representation dated 19.07.2023 annexed as Annexure No. 9 to this petition in the light of law on the subject including Rule 17 of the Rules of 1954 expeditiously.

Order Date :- 26.7.2023

Arun/-