The petitioner sought to stop consolidation proceedings in a village. The court dismissed the writ petition, holding that the notification was an exercise of legislative functions and the court cannot direct the legislature.
Writ petition dismissed. No consolidation proceedings stopped.
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Neutral Citation No. - 2023:AHC:213363
Court No. - 48
Case :- WRIT - B No. - 3722 of 2023
Petitioner :- Jaibir And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Gyanendra Kumar Singh, learned counsel for petitioners and Ms.Tanu Roopanwal, learned Standing Counsel.
Prayers made in this writ petition to stop consolidation proceedings initiated in concerned village is in the teeth of Division Bench judgment passed by 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.
In the aforesaid circumstances and taking note of position of law in Agriculture & Industrial Syndicate Ltd. (supra), this writ petition is dismissed.
Order Date :- 7.11.2023 SB
Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court can issue a writ of mandamus to stop consolidation proceedings initiated under notification issued under Sections 4 and 6 of the Act of 1953.
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Agriculture & Industrial Syndicate Ltd. Vs. State of U.P.Referred¶7
Agriculture & Industrial Syndicate Ltd. Vs. State of U.P., 1975 SCC OnLine All 521 · Who else cites this
2 provisions across 1 enactments
Jaibir And 4 Others
State Of U.P. And 5 Others
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
