Allahabad High Court
Rajpal And Another vs State Of U.P. Thru. Prin. Secy. Secy. ... on 1 April, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:18114
Court No. - 7
Case :- WRIT - B No. - 114 of 2025
Petitioner :- Rajpal And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Secy. Revenue Deptt., Lko. And Others
Counsel for Petitioner :- Prashant Vikram Singh,Vinod Kumar
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
Considering the prayer of learned counsel for the petitioners that he may be permitted to correct the prayer clause of the present petition during course of the day, the same is allowed.
Accordingly, learned counsel for the petitioners is permitted to make necessary corrections in the prayer clause during course of the day.
By means of present petition, petitioners have sought the following main relief(s):-
"1. Issue writ, order or direction in the nature of CERTIORARI to quash the Impugned Notification No.706/G.-610/2012, Dated 08-02-2014 under section 4A(2) of U.P.C.H. Act, 1953, by O. P. No. 02/Consolidation Commissioner, U.P., Lucknow, in respect of Village - Firoj Pur Khurd, Pargana and Tahsil -Safipur, District - Unnao, so far as it relates to Serial no. 61 contained as Annexure No.01 to the writ petition.
2. Issue writ, order or direction in the nature of MANDAMUS commanding opposite party No. 02 to consider and decide statutory representation dated 26.12.2024 preferred under section 6 of U.P.C.H. Act regarding cancelation of Notification No. 706/G.-610/2012, Dated 08-02-2014, contained as Annexure No. 07 to the writ petition.
3. Issue writ, order or direction in the nature of MANDAMUS commanding opposite parties to not give effect to Impugned Notification No. 706/G.-610/2012, Dated08-02-2014 issued under section 4A(2) of U.P.C.H. Act, 1953, by O. P. No. 03/Consolidation Commissioner, U.P., Lucknow, in respect of Village - Firoj Pur Khurd, Pargana and Tahsil-Safipur, District - Unnao, so far as it relates to Serial no. 61."
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 08.02.2014 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, 9 and 10 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 relate to relief Nos.(i) & (iii) and a direction be issued to respondent No. 2/Consolidation Commissioner, U.P., Lucknow, to decide the representation dated 26.12.2024 annexed as Annexure No. 7 to this petition.
In view of above, this petition is dismissed as not pressed so far as it relate to relief No. (i) & (iii) 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 26.12.2024 annexed as Annexure No. 7 to this petition in the light of law on the subject including Rule 17 of the Rules of 1954, expeditiously.
Order Date :- 1.4.2025
Vinay/-
