R.M. Sahai, J.

By way of these petitions quashing of Notifications issued u/s 4 of U.P. Consolidation of Holdings Act has been sought on ground that land in dispute being situated in Municipal area, to which U.P. Zamindari Abolition and Land Reforms Act I of 1950 does not apply, the provisions of U.P. Consolidation of Holdings Act are inapplicable. There is no dispute on facts. But the opposite parties have attempted to save the Notification on applicability of U.P. Urban Areas Zamindari Abolition and Land Reforms Act. The short controversy therefore, that arises for consideration, is whether U.P. Consolidation of Holdings Act applies to land situated in Municipal area or to an area where local bodies Act apply and to which provisions of U.P. Urban Areas ZA and LR Act have been applied.

2. In Badri Dube v. Commissioner Varanasi Dn. Varanasi 1969 AWR 317 it was held that provisions of U.P. Consolidation of Holdings Act were not applicable to an area where U.P. Zamindari Abolition Act does not apply. That was a case however where provisions of U.P. Tenancy Act applied, till then, and in such an area old Tenancy Act continued and as there was no Bhumidhar or sirdar or asami th