Heard Sri Vidya Bhushan Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State - respondents No.1 and 2.
Sri Vidya Bhushan Srivastava, learned counsel for the petitioner contends that the petitioner is the respondent in the appeal registered as Appeal No.6 of 2019-20 (Wajid Husain Vs. Bakar Ali) under Section 21(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953, pending before the Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur. The appeal was decided ex parte to the petitioner on 14.08.2020. The petitioner has filed an application dated 06.10.2020 for recall of the ex parte order dated 14.08.2020. The Restoration Application has not been decided till date.
The only prayer made by Sri Vidya Bhushan Srivastava, learned counsel for the petitioner is that the Restoration Application dated 06.10.2020 filed by the petitioner in Appeal No.6 of 2019-20 (Wajid Husain Vs. Bakar Ali) under Section 21(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953,pending before the Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur may be decided within a stipulated period of time.
Learned Standing Counsel for the State submits that the authorities are under an obligation of law to decide the Restoration Application dated 06.10.2020 filed by the petitioner in Appeal No.6 of 2019-20 (Wajid Husain Vs. Bakar Ali) under Section 21(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953, within a reasonable period of time.
No useful purpose would be served by keeping this writ petition pending.
The matter is remitted to the respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur.
A writ in the nature of mandamus is issued commanding the respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur, to execute the following directions:
I. The respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur shall decide the Restoration Application dated 06.10.2020 filed by the petitioner in Appeal No.6 of 2019-20 (Wajid Husain Vs. Bakar Ali) under Section 21(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953,pending before the Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur within a period of four months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
II. The respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur shall hear all the necessary parties to the lis before any order is passed on the said application.
III. All parties to the lis are directed to cooperate in the proceedings before the respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur.
It is open to the petitioner to file an application for interim relief before the respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur. In case such application is filed before the respondent no.1-Settlement Officer Consolidation, Tehsil Shahabad, District-Rampur, the same shall be decided expeditiously in accordance with law.
This order is being passed in absence of the respondent No.3. In case any fact is concealed by the petitioner or the respondent No.3 is irretrievably prejudiced, it is open to the respondent No.3 to file a recall application in this regard.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 2.2.2021 Ashish Tripathi