A.P.SAHI, J. - (1.) THIS petition prays for a mandamus directing the respondents-consolidation authorities not to proceed with the consolidation operations in the village in question.
(2.) THE aforesaid prayer is founded on the allegation that the consolidation operations would be against the interest of the tenure holders as 80% area of the village is covered by stones and hills which would make the consolidation operations practically impossible. The area is also full of drainage and riverbeds and a single crop is available to the farmers, therefore, a desire was expressed for not proceeding with the consolidation operations. The village was brought under the consolidation operations under the provisions of Section 4(2) of the U.P. Consolidation of Holdings Act, 1953. The notification was issued on 20.08.2009.
(3.) ONCE such a notification was issued the consolidation operations have to be set into motion. The power to denotify or cancel a notification vests in the State Government under Section 6 of the U.P. Consolidation and Land Holdings Act. The same is quoted hereinbelow: 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.] ;