Court No. - 21
Case :- WRIT - B No. - 1081 of 2021 Petitioner :- Ashish Kumar Mishra @ Vickky And 5 Others Respondent :- The State Of U P And 43 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Shri Adya Prasad Tewari, learned counsel for the petitioners, learned Standing Counsel for the the State and perused the record.
Learned counsel for the petitioner, after due deliberation at length, has confined is argument only with respect to prayer no.2 of the present writ petition, which is reproduced below:-
"(ii) Issue a writ, order or direction in the nature of mandamus commandning the Consolidation Commissioner, Lucknow, U.P., the respondent no.2 to consider and pass reasoned speaking order with regard to cancel the notification u/s 4 U.P.C.H. Act by virtue of Section 6(1) U.P.C.H. Act pertaining to village: Talwa Khurd, Tehsil: Sahjanwa, District: Gorakhpur as early as possible within the time frame and till the disposal of the claim of the petitioners including proforma respondent by respondent no.2 the consolidation proceedings going on in the village of the petitioners and proforma respondents pursuant to notification u/s 4 U.P.C.H. Act dated 28.11.2016 may be kept in abeyance."
It is submitted by learned counsel for the petitioner that the representation has already been filed by the petitioner alongwith co-villagers dated 16.03.2021 (Annexure-6) before the Consolidation Commissioner, Lucknow (respondent no.2), showing their grievance against the consolidation operation going on in the village. He further submitted that the aforesaid representation is not decided till date. He further submits that the Consolidation Commissioner is under the legal obligation to consider the relevancy of the consolidation proceedings going on in the village.
Grievance of the petitioner is that despite the representation dated 16.03.2021 (Annexur-6), having been submitted, till date no effective measures have been taken by the authorities concerned to stop the consolidation operation going on in the village in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the representation filed by the petitioner.
Learned Standing Counsel has fairly contended that he has no objection if this Court issues a direction for early disposal of representation moved by petitioner.
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 Commissioner, Lucknow (respondent no.2), before whom representation dated 16.03.2021 is pending disposal, to decide the same expeditiously, preferably, within the period of three months from the date of in receipt of copy of this order.
The petitioner shall file a computer generated copy of this 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 observations, present writ petition is disposed of.
Order Date :- 28.7.2021/Zafar