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2004 Supreme(All) 266

S.N.SRIVASTAVA
SAROJ SHARMA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Satendra Pratap Singh,

S. N. SRIVASTAVA, J.

Consolidation operation started by publication of notification under Section 4 (1) of U. P. Consolidation of Holdings Act in official gazette on 5-7-1989. All proceedings under the U. P. Consolidation of Holdings Act concluded and proceeding for allotment was going on. The objections under Section 20 of U. P. Consolidation of Holdings Act were pending before Consolidation Authority arising out of allotment of chaks. By a notification dated 27-11-1999 under Section 6 (1) of U. P. Consolidation of Holdings Act earlier notification was cancelled which is impugned in the present writ petition.

2. Learned Counsel for petitioner urged that none of the conditions under Section 6 (1) of U. P. Consolidation of Holdings Act read with Rule 17 of U. P. Consolidation of Holdings Rules are satisfied in the present case and as such impugned notification is vitiated in law which is liable to be quashed. In reply to the same, learned Standing Counsel supported the impugned notification and relied upon paragraph 5 of counter affidavit.

3. Heard learned Counsel for petitioner and learned Standing Counsel. I have also given thoughtful consideration of material available on record














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