AGARWALA, J. - (1.) THIS is a petition under Articles 226 and 227 of the Constitution of India by certain tenure -holders of village Goharpur in Pargana Shamli, district Muzaffarnagar. The relief claimed in the petition is that a Writ of certiorari be issued quashing the orders of the Assistant Director Consolidation of Holdings, the Settlement Officer Consolidation of Holdings, and the Consolidation Officer making certain allotments of consolidated holdings in exercise of the powers conferred upon them by the U. P. Consolidation of Holdings Act, 1954 (Act No. V of 1954), hereinafter referred to as the Consolidation of Holdings Act,
(2.) THE petitioners are members of a registered co -operative society named The Goharpur Cooperative Agricultural Society Ltd. They are tenure -holders of land totalling about 100 acres. Tehsil Kairana in which the petitioners' village Goharpur is situated was put under the consolidation of holdings scheme some time in the year 1955. Originally the scheme affected 223 villages but later on by means of a notification dated May 23, 1955, the scheme was cancelled in respect of 14 villages and was to be put into effect in the remaining villages only including village Goharpur. The Asstt. Consolidation Officer prepared a statement of proposals under Section 19 of the aforesaid Act on 31 -5 -1955. The applicants were allowed land in each block as below. BlockRentalvalue before Consolidation Rentalvalue of allotted holding.RS.as.P.Rs.as.p.A.110305108585B.21861223810Total132166130913 The difference of Rs. 12 -5 -3 represents the rateable contribution towards land reserved for objects of public utility. The petitioners objected against the proposals and the Consolidation Officer made certain alterations in the proposals by his order dated 11 -7 -1955. Against this order the petitioners appealed to the Settlement Officer, Muzaffarnagar, who dismissed the appeal by his order dated 23 -8 -1955. Against this order the petitioners went up in revision to the Assistant Director of Consolidation who dismissed the revision application by his order dated 10 -12 -1955.
(3.) THE petitioners claim that all those ordersshould be quashed on the following grounds: - - (a) that the Consolidation of Holdings Act, is ultra vires inasmuch as (i) its procedural provisions are against the principles of natural justice, (ii) it infringes the fundamental rights of the petitioners under Article 14, (iii) that it expropriates property without compensation and thus violates the provisions of Article 31, and (iv) that it takes away the jurisdiction of the High Court and the Supreme Court; and (b) that the orders passed by the officers in the course of the consolidation proceedings were against the principles of natural justice and contrary to the provisions of the aforesaid Act and were otherwise unjust. ;