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2016 Supreme(All) 590

D. Y. CHANDRACHUD, YASHWANT VARMA
KALPI DEVI – Appellant
Versus
CONSOLIDATION COMMISSIONER – Respondent


Advocates:
Counsel :
Kailash Singh Kushwaha for the Appellant; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Yashwant Varma, J.—A learned Single Judge by judgment and order dated 4 February 2016 has dismissed a writ petition preferred by the appellant laying challenge to a notification dated 9 September 2013 under Section 6 of the U.P. Consolidation of Holdings Act, 1953 (1953 Act). The notification dated 9 September 2013 brought to an end consolidation operations which had commenced in the unit in question pursuant to a notification issued under Section 4 of the Act on 6 November 1982. The writ petition itself has come to be dismissed by the learned Single Judge following the law laid down by two Division Benches of this Court and following them a judgment rendered by a learned Single Judge on a batch of writ petitions which had held that the issuance of a notification under Section 6 of the Act was an exercise of conditional legislative powers and which therefore, did not warrant interference or the issuance of any prerogative writ by the Court in exercise of its powers conferred by Article 226 of the Constitution. It is this view taken by the learned Single Judge which is sought to be questioned before us in appeal.

2. At the very outset it may be noted that the learne
























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