Rajendra Pratap Singh vs State Of U.P. And 4 Others
2023 Latest Caselaw 26203 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:185395
 
Court No. - 48
 

 
Case :- WRIT - B No. - 3321 of 2023
 

 
Petitioner :- Rajendra Pratap Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Brijesh Chandra Naik
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Brijesh Chandra Naik, learned counsel for the petitioner and Sri A.K.Rai, learned Additional Chief Standing Counsel.

This is the second round of litigation.

In the first round of litigation, petitioner has approached this Court by way of filing a Writ Petition No.299 of 2023 with prayer for cancellation of consolidation operation by issuing notification under Section 6 (1) of Uttar Pradesh Consolidation of Holdings Act, 1953 which was disposed of vide order dated 13.2.2023 with direction to the Consolidation Commissioner to decide the representation of the petitioner by a speaking order in accordance with law.

Pursuant to above referred order, Consolidation Commissioner, Lucknow rejected the representation of petitioner by impugned order dated 31.7.2023.

Learned Additional Chief Standing Counsel has pointed out that the order passed by Division Bench of this Court in Agriculture & Industrial Syndicate Ltd. Vs. State of U.P., 1975 SCC OnLine All 521, wherein it was held that a notification issued under Sections 4 and 6 of the Act of 1953 are issued by the State in exercise of its legislative functions and this Court cannot issue a writ of mandamus to the legislature to legislate on any subject or to apply any law to any area.

Learned Additional Chief Standing Counsel further submitted that in the aforesaid case Division Bench also referred a judgment passed by Supreme Court in State of Bihar Vs. Sir Kamleshwar Singh, AIR 1952 SC 252, wherein it has been held as follows:

"It cannot possibly have been intended that the legislature should be under an obligation to make a law in exercise of that power for no obligation of that kind can be enforced by the Court against a legislative body."

The correct position of law was not placed before Co-ordinate Bench as well as Consolidation Commissioner though not considered referred judgment, but, since, Consolidation Commissioner, Lucknow has rejected the representation of the petitioner as referred above on other grounds, this Court cannot direct the State to legislate or not to legislate on any subject, therefore, the prayers sought in the writ petition cannot be granted.

In view of Agriculture & Industrial Syndicate Ltd. (supra), this writ petition is dismissed.

Order Date :- 25.9.2023

SB