Short Answer
A notification issued under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953 can be cancelled either in its entirety or in part, and the State Government alone is competent to cancel such notification.
Statutory Framework: Section 4(2), U.P. Consolidation of Holdings Act, 1953
Section 4 empowers the State Government to declare its intention to make a consolidation scheme applicable to a specified area. Clause (2) of Section 4 provides the legal basis for withdrawal of consolidation operations.
Once a notification under Section 4 is issued, consolidation proceedings commence in the notified area. However, the Act also recognizes that circumstances may arise where consolidation is no longer necessary or desirable in the whole area or a part thereof.
Whether Cancellation Can Be Total or Partial
The settled legal position is that cancellation is not confined only to the whole area covered by the notification. The notification may also be cancelled in part, i.e., with respect to:
A particular village, or
A specific portion of the notified area.
This interpretation flows from:
The language of Section 4(2), and
The administrative necessity to discontinue consolidation where it has become impracticable or redundant in certain areas.
Courts have consistently held that the power to issue a notification includes the incidental power to rescind or modify it, unless expressly barred.
Authority Competent to Cancel the Notification
The State Government is the only competent authority to cancel a notification issued under Section 4(2).
Consolidation authorities such as the Consolidation Officer, Settlement Officer Consolidation, or Deputy Director of Consolidation have no jurisdiction to cancel or withdraw a Section 4 notification.
Their powers are strictly limited to carrying out consolidation operations after a valid notification is in force.
This principle is rooted in administrative law:
The authority that has the power to issue a notification is also the authority competent to withdraw or cancel it.
Judicial Position
The issue has been examined by the Supreme Court of India and the Allahabad High Court, which have clarified that:
Cancellation under Section 4(2) is a policy decision of the State Government.
Such cancellation may relate to the entire consolidation area or only a part thereof, depending on facts and circumstances.
Subordinate consolidation authorities cannot assume this power, even incidentally.
Relevant judicial observations include:
Withdrawal of consolidation is permissible when the object of the Act has been substantially achieved or when continuation serves no useful purpose.
Partial de-notification is legally valid if supported by administrative reasons.
Legal Effect of Cancellation
Once a notification under Section 4(2) is cancelled:
Consolidation proceedings stand terminated for the area concerned.
Jurisdiction of consolidation courts ceases.
Pending matters revert to ordinary revenue courts, unless saved by a specific order.
Conclusion
To summarize:
A notification under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953 can be cancelled either wholly or partially.
The State Government alone has the authority to cancel such notification.
Consolidation authorities cannot cancel or modify a Section 4 notification.
Partial cancellation (village-wise or area-wise) is legally valid and judicially recognized.
This position ensures administrative flexibility while preserving the statutory scheme of consolidation law.