Allahabad High Court
HARGOVINDversusSTATE OF UP AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court ordered the Consolidation Authorities to complete the pending proceedings under Section 24 at the start of the new sowing season, with police support, and disposed the petition.
Summary
The petitioner, Hargovind, filed a writ petition seeking the expeditious completion of land consolidation proceedings in Village Bara Keshav, Farrukhabad, under the Uttar Pradesh Consolidation of Holdings Act, 1953. Earlier, a notification under Section 20 of the Act led to agitation by villagers and a farmer's union, prompting the court to direct the Consolidation Commissioner to consider the villagers' claims. The Commissioner ordered the consolidation to be completed, but the process was delayed again due to renewed agitation and the onset of the sowing season. The High Court held that no further inquiry was necessary and directed the Consolidation Authorities, District Administration, and police to ensure that the pending proceedings under Section 24 are carried out at the start of the new sowing season, with police support to prevent unjustified opposition. The petition was disposed with these directions.
Issues considered
- Whether the High Court can direct the Consolidation Authorities to complete pending consolidation proceedings under Section 24 of the U.P. Consolidation of Holdings Act, 1953.
- Whether the Court can order police assistance to prevent opposition by the farmer's union during the transfer of possession.
Legislation cited
Subjects
- consolidation of holdings
- land reform
- possession transfer
- Section 24
- farmer's union
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 936 of 2026
Hargovind
.....Petitioner(s)
Versus
State Of Up And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kshitij Pandey, Rakesh Pathak, Suresh
Kumar
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. In compliance of the directions of this Court dated 9.3.2026,
instructions sent by Settlement Officer Consolidation, Farrukhabad dated
20.3.2026 has been placed before the Court, which is taken on record.
2. Perusal of the aforesaid instructions shows that after publication of the
notification under Section 20 of the U.P. Consolidation of Holdings Act,
1953, on 19.1.2021, at the instance of some villagers and farmer's union,
agitation to drop the consolidation proceedings started in the village,
pursuant to which a writ petition was filed, which was disposed of with
direction to the Consolidation Commissioner to consider the claim of
villagers. The Consolidation Commissioner by his order dated 9.2.2022
directed the consolidation authorities to complete the consolidation
proceedings, expeditiously. In the financial year 2025-26, steps for
transfer of possession on the newly allotted chaks were initiated by
constituting a team on 9.4.2025. However, again the proceedings were
interfered by the farmer's union. In the meantime, sowing season started,
therefore, the possessions could not be given. Fresh steps have been taken
to complete the proceedings under Section 24 of the Act by handing over
the possession on the newly carved out chaks to the villagers at the start
of new sowing season.
3. The present writ petition has been filed with a simple prayer to
complete the consolidation proceedings in Village Bara Keshav, Tehsil
and District Farrukhabad, expeditiously, therefore, no further enquiry is
WRIB No. 936 of 2026
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warranted in the present writ petition.
4. The Consolidation Authorities and the District Administration,
Farrukhabad are directed to ensure that the proceedings under Section 24
of the Act, which are pending in Village Bara Keshav will be undertaken
at the start of new sowing season without fail. The Consolidation
Authorities shall ask the District Administration to supply proper Police
Force for carrying out the transfer of possession, if they preempt any
opposition by the farmer's union. The District Magistrate, Farrukhabad
and the Superintendent of Police, Farrukhabad are also directed to extend
all support to the Consolidation Authorities to ensure that no opposition
without any justifiable reasons are permitted in the village, when the
proceedings under Section 24 of the Act are under way.
5. With the above observations/directions, the writ petition is,
accordingly, disposed of.
(Arun Kumar,J.)
September 23, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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