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1958 Supreme(SC) 177

B. P. SINHA, S. R. DASS, N. H. BHAGWATI, K. SUBBA RAO, K. N. WANCHOO
Attar Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
ACHHRU RAM, Gopi Nath Dixit, H.N.SANYAL, J.P.GOYAL, K.L.Mehta, K.L.MISHRA

Judgment

K. N. WANCHOO, J. : This petition under Art. 32 of the Constitution challenges the constitutionality of the U. P. Consolidation of Holdings Act, (U. P. V of 1954). as amended by U. P. Acts, No. XXVI of 1954, No. XIII of 1955, No. XX of 1955, No. XXIV of 1956 and No. XVI of 1957, (hereinafter called the Act). The applicants are four brothers holding land in village Banat, tahsil Kairana, District Muzaffarnagar. A notification was issued under S. 4 of the Act in respect of 223 villages in tahsil Kairana, declaring that the State Government had decided to make a scheme of consolidation in that area. This was followed up by necessary action under the various provisions of the Act resulting in a statement of proposals under S. 19. Objections to these proposals were filed by the petitioners and others, which were decided in April 1956. The petitioners went in appeal to the Settlement Officer (Consolidation), which was decided in August 1957. It was thereafter that the present petition was filed in this Court.

2. The petitioners challenge the constitutionality of the Act on various grounds, of which the following five have been urged before us :-

(1) Section 6 read with S. 4 of the

















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