The High Court disposed of a writ petition challenging a notification under the U.P. Consolidation of Holdings Act. Without deciding merits, the court directed the petitioner to file a fresh representation before the Consolidation Commissioner within three weeks for expeditious disposal.
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Neutral Citation No. - 2024:AHC:135537
Court No. - 49
Case :- WRIT - B No. - 2892 of 2024
Petitioner :- Malkhan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh Shukla Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
"(i) issue a writ, order or direction in the nature of certiorari calling for record of the case and quash the impugned notification dated 01.04.2024 issued by Consolidation Commissioner, under Section 6(1) of U.P. Consolidation of Holdings Act.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent authority to complete the delivery of possession of the Village Raghudaspur, Tehsil- Nagina, District- Bijnor, within stipulated period as fixed by this Hon'ble Court.
(iii) issue a writ, order or direction in the nature of mandamus directing the respondent authority to complete the consolidation proceeding of the Village Raghudaspur, Tehsil- Nagina, District- Bijnor within stipulated period."
for the petitioner has raised disputed questions of fact which can more appropriately be redressed by Consolidation Commissioner on fresh representation to be moved against the notification under Section 6(1) of U.P.C.H. Act promulgated on 01.04.2024 (Annexure-1). He has further contended that he has no objection in issuing a direction for expeditious disposal of the fresh representation to be moved by the petitioner within stipulated period as directed by this Court.
Order Date :- 22.8.2024 Rama Kant
Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad
2 provisions across 1 enactments
Malkhan Singh
State Of U.P.
Dinesh Pathak
As recorded by the court registry
3 orders share this CNR
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