HARISHANKAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Babhu Vahan Singh, learned counsel for the petitioner and Sri Babban Singh, learned standing counsel for the state-respondents.

(2.) Brief facts of the case are that village Mohabbatpur, Post- Shahgarh, Tehsil- Sadar, District Azamgarh was notified under Sec. 4 of the U.P. Consolidation of Holdings Act, 1953 (here inafter referred to as the "U.P. C.H. Act") on 5/9/1992. Hence the instant writ petition has been filed for the following relief :

(3.) Counsel for the petitioner submitted that majority of the villagers are not interested in the consolidation operation in pursuance of the notification issued under Sec. 4 of the U.P. C.H. Act, as such, they represented the matter before the Consolidation Commissioner for issuance of notification under Sec. 6 of the U.P. C.H. Act. He submitted that application of the petitioner has not been considered by the authorities till date, as such, appropriate direction be issued for the expeditious disposal of the representation/application filed on behalf of the petitioner. He submitted that in view of the Government Order issued by the authorities as well as the provisions contained under Rule 17 of the U.P. Consolidation of Holdings Rules, 1954 (hereinafter referred to as the "U.P. C.H. Rules"), the village should be notified under Sec. 6 of the U.P. C.H. Act. He placed reliance on the decision of this Court passed in Writ B No. 2650 of 2024, Bal Krishna v. State of U.P. and others, dtd. 3/9/2024 in support of his arguments.