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2001 Supreme(All) 597

R.R.YADAV
USMAN GANI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
N.D.KESARI

R. R. YADAV, J.

( 1 ) BY way of filing the Instant writ petition, the petitioner ts seeking relief In the nature of mandamus directing the respondents to quash the entire consolidation proceedings by denotifying village Lai, Pargana Nawabganj, Tehsil Soraon, district Allahabad under Section 6 of the U. P. Consolidation of Holdings Act (hereinafter referred to as Act oi 1953), as they have done in respect of village Kudha, vide Annexures-9 and 10 to the writ petition. I have heard learned counsel for the petitioner. Sri N. D. Keshari at length and perused the provisions envisaged under Section 6 of the Act of 1953.

( 2 ) FROM the perusal of the aforesaid section, I am of the opinion that the State Government, under Section 6 of the Act of 1953, is empowered with exclusive jurisdiction to cancel the notification under Section 4 of the Act of 1953 in respect of the whole or part of the area specified therein. It is further to be noticed that where Notification under Section 4 of the Act of 1953 is cancelled in respect of any unit under sub-section (1) of Section 6 of the said Act, such area shall subject to final order relating to the correction of the land records, if any, passed on








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