Court No. - 21
Case :- WRIT - B No. - 622 of 2021 Petitioner :- Adya Prasad Pandey Respondent :- Consolidation Officer And Another Counsel for Petitioner :- Rajesh Kumar Asthana
Hon'ble Dinesh Pathak,J.
Heard Sri Rajesh Kumar Asthana, learned counsel for the petitioner, learned Standing Counsel, who represents respondent no.1 and perused the record.
Instant writ petition has been filed by the petitioner challenging the order dated 24.04.1997 passed by Consolidation Officer (respondent no.1).
From the perusal of record it reveals that objection filed by Ramdev (father of the petitioner) was dismissed for want of prosecution, vide order dated 24.04.1997, passed by Consolidation Officer in Case No.10 of 1997, under section 9-A(2) of U.P.C.H. Act. It is case of the petitioner that his father was already died on 28.06.1996, therefore, no one present to assist the consolidation court, consequently, matter was ordered to be dismissed in default.
Counsel for petitioner states on oral instruction of the petitioner that restoration application has already been filed on behalf of the petitioner against the order dated 24.04.1997, which is still pending for disposal in the court of Consolidation Officer.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to Consolidation Officer (respondent No.1), before whom restoration application moved by the petitioner against the order dated 24.04.1197, pending for disposal, to decide the same expeditiously, preferably, within the period of six months from the date in receipt of copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
The petitioner shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 12.8.2021/VKG