Court No. - 38
Case :- WRIT - B No. - 1878 of 2021 Petitioner :- Arshad Saleem Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhtar Ali Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Akhtar Ali, learned counsel for petitioner and learned Standing counsel representing respondents-1 & 2.
2. Perused the record.
3. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent-2, Consolidation Officer, Bijnor, to decide Case No. 1565 (Vasim Ahmad Vs. Shafiq Ahmad) alongwith connected Case No. 1582 of 2002 (vasim Ahmad Vs. Amir Ahmad and others) and Case Co. 1584 of 2002 (Khursheed Ahmad Vs. Amir Ahmad) under Section 9 A(2) of U.P. Consolidation of Holdings Act, 1953.
4. Present writ petition arises out of proceedings under Section 9 A(2) of U.P. Consolidation of Holdings Act, 1953.
5. Learned counsel for petitioner submits that petitioner's objection under Section 9 A(2) of U.P. Consolidation of Holdings Act, 1953 was filed in the year 2002, which were registered as Case No. 1565 (Vasim Ahmad Vs. Shafiq Ahmad) alongwith connected Case No. 1582 of 2002 (Vasim Ahmad Vs. Amir Ahmad and others). However, in spite of the fact that a period of almost 19 years has rolled by from the date of filing of above mentioned case, same have not been decided till date. It is then contended that non-disposal of objection under Section 9 A(2) of U.P. Consolidation of Holdings Act, 1953 filed by petitioner, even after expiry of almost 19 years cannot be attributed to petitioner. On the aforesaid premise, it is thus urged that interest of justice shall better be served in case a direction is issued by this Court directing Consolidation Officer, Bijnor to decide afore-mentioned case within time bound period. Consequently, mandamus as prayed for by petitioner is liable to be issued by this Court.
6. Having heard Mr. Akhtar Ali, learned counsel for petitioner, learned Standing counsel representing respondent-1 & 2 and upon perusal of material brought on record, this court finds that no useful purpose shall be served in keeping this writ petition pending.
7. In view of above, this writ petition is finally disposed of with a direction to respondent-2, Consolidation Officer, Bijnor, to decide Case No. 1565 (Vasim Ahmad Vs. Shafiq Ahmad) alongwith connected Case No. 1582 of 2002 (Vasim Ahmad Vs. Amir Ahmad and others) and Case Co. 1584 of 2002 (Khursheed Ahmad Vs. Amir Ahmad) under Section 9 A(2) of U.P. Consolidation of Holdings Act, 1953, with all expedition, without granting any unnecessary adjournment to either of the parties and preferably within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioner in above mentioned case by means of a Notary Affidavit.
Order Date :- 29.10.2021 YK