Court No. - 9
Case :- WRIT - B No. - 436 of 2019 Petitioner :- Ashif Ali Respondent :- Sub District Maistrate And 2 Others Counsel for Petitioner :- Fatma Khatoon Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Heard counsel for the petitioner.
The instant writ petition has been seeking the following relief:
"(i) issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to direct the respondent no.2 to decide the Civil Suit No.TB.04 under Section 9-A, C.H. Act, Village Bastoi, Pargana and Tahsil- Sikandrarau, District Hathra, (Jaan Mohammad vs. Rajan Lal and others) filed by the petitioner pending before the respondent no.2 Consolidation Officer, Hathras, District Hathras, within stipulated period, so that Justice may be done, otherwise the petitioner/applicant shall suffer irreparable loss and injury."
It appears that objection wrongly mentioned as a civil suit in the relief clause of the writ petition has been instituted in the year 2018 and till date the opposite parties has not filed the reply, thereto.
In any case, the objection has remained pending for less than three months. Besides the objection is belated and appears to be accompanied by an application under Section 5 of the Limitation Act.
Under the circumstances and till such time, the delay has been condoned, this Court does not consider in expedient to issue any direction for expeditious disposal under Section 9-A of U.P. Consolidation of Holdings Act.
The writ petition is therefore, disposed of with the observation that the Consolidation Officer may endeavour to decide the delay application accompanying the objection under Section 9- A (2) of U.P. Consolidation of Holdings Act as expeditiously as possible.
Order Date :- 26.2.2019 Jitendra