IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1358 of 2005 Asif Ali ...Petitioner Versus State of Uttarakhand and others …Respondents. Present : Mr. Alok Mehra, Advocate for the petitioner. Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand. Mr. B. D. Upadhyay, Advocate for respondent no.3. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Sri. Alok Mehra, Advocate for the petitioner, Sri N. P. Sah, Standing Counsel for the State of Uttarakhand and Mr. B. D. Upadhyay, Advocate for respondent no.3. By means of the present writ petition, the petitioner is challenging a notification dated 8.10.1992 (Annexure 3 to the writ petition) under Section 4 of the Consolidation of Holdings Act, 1953. The principal challenge of the petitioner in the said notification is that vide the said notification, inter alia, Village Kela Khera has also been included in the list. The petitioner contends that this cannot be done inasmuch as Kela Khera was notified as a town area presently known as Nagar Panchayat. In other words, the land within the jurisdiction of Nagar Panchayat now comes out side the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as the 1950 Act). Under Section 3 (2-A) of the Uttar Pradesh Consolidation of Holdings Act, 1953 consolidation area means as such: “Section 3 (2-A).- Consolidation area means the area, in respect of which notification under Section 4 has been issued, except such 2 portions thereof to which the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 [or any other law by which Zamindari system has been abolished] do not apply].” Now since Kela Khera does not come under the definition of consolidated area under 1950, Act, consolidation proceedings cannot be initiated in such an area. The Division Bench of the Allahabad High Court, namely Ram Lal and others Vs. The Deputy Director of Consolidation, Hamirpur and others AWC 1987 Page 38 has held that the provisions of 1950, Act are not applicable in a land which lies in a municipality, including the town area which is presently known as “Nagar Panchayat”. As such the writ petition stands allowed to the extent that the consolidation proceedings shall not proceed in Village Kela Khera, which is presently a “town area”. No order as to costs. (Sudhanshu Dhulia, J.) 8.6.2011 Kuldeep