J M GARG Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
J M Garg
STATE OF UTTARAKHAND
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HONBLE SUDHANSHU DHULIA, J. -
(1.) HEARD Mr. Tapan Singh, Advocate for the petitioner and Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand.
(2.) THE petitioner has an agricultural land in village Sekhpuri, Pargana Manglour, Tehsil Laksar, District Haridwar. In the said village
there has been a notification under Section 4 of the U.P. Consolidation
of Holdings Act, 1953 from hereinafter referred to as the "Act")
declaring that consolidation processes will commence in the said village.
However, inspite of the fact that the notification under Section 4 of the
Act was issued as far back as in the year 2003, no further proceeding has
been initiated as yet, which is causing a lot of hardship to the
(3.) ON the last occasion, State counsel was asked to file counter affidavit, which has been filed. In the counter affidavit, the State has
taken a stand that there are complaints from various quarters of the
villagers that they do not want the consolidation in the area, and the
Government is seriously thinking for cancellation of notification issued
under Section 4, for which there is a provision under Section 6 of the
Act. Section 6 of the Act reads as under :
"6. Cancellation of notification under Section 4. - (1) It shall be lawful for the State Government at any time to cancel the [notification] made under Section 4 in respect of the whole or any part of the area specified therein. [(2) Where a [notification] has been cancelled in respect of any unit under sub -section (1), such area shall, subject to the final orders relating to the correction of land records, if any, passed on or before the date of such cancellation, cease to be under consolidation operations with effect from the date of the cancellation.]"
In view of the above, it is directed that the State must take an action either to proceed under Section 4 of the Act and if it is not
possible, they must reach a decision for cancellation of notification,
which has been provided under Section 6 of the Act. Needful be done
within three months from the date a certified copy of this order is
produced before the concerned authority. Learned State Counsel Mr. R.C.
Arya undertakes to apprise the State Authorities of this order.;
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