Court No. - 9
Case :- WRIT - B No. - 1658 of 2021 Petitioner :- Abhilesh And 6 Others Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Ramanuj Yadav,Rachana Yadav Counsel for Respondent :- C.S.C.,Achal Singh
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the Assistant Consolidation Officer, Manikpur, District Chitrakoot not to proceed in Case No.236 of 2018-19 registered under Section 12 of the U.P Consolidation of Holdings Act, 1953 (hereinafter referred to as Act, 1953) till the disposal of the application no. 233 of 2019 registered under Section 9-A of the Act, 1953 which is pending before the Consolidation Officer, Manikpur, District Chitrakoot.
Any illegality in the order passed by the Assistant Consolidation Officer in proceedings registered under Section 12 of the Act, 1953 can be raised by the petitioner in Appeal under Section-11 or in the proceedings registered under Section 48 of the Act as the order passed under Section 12 are appealable and reviseable.
In view of the aforesaid, the prayer for mandamus to the Assistant Consolidation Officer not to proceed in Case No. 236 of 2018-19 is rejected.
However, in the interest of justice, the Consolidation Officer, Manikpur, District Chitrakoot is directed to decide application no.233 of 2019 registered under Section 9-A of the Act, 1953 expeditiously preferably within a period of one year from the date a copy of this order is produced before him, in case, there is no legal impediment in deciding the aforesaid application.
It is clarified that this Court has not expressed any opinion on the merits of the claim of the petitioners.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 7.10.2021 IB