Court No. - 9
Case :- WRIT - B No. - 428 of 2019 Petitioner :- Bechan Respondent :- Consolidation Officer And 2 Others Counsel for Petitioner :- Ram Raj Prajapati Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner.
The writ petition has been filed seeking the following relief:
"A. To issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to decide the restoration application dated 13.04.2018 of the petitioner in proceeding Under Rule 109 U.P. Consolidation Holding Act, Kausilya vs. State, pending in the court of Consolidation Officer, Padruna, District Kushi Nagar."
It is submitted that the restoration application sought to be expedited was filed by the petitioner on 13.04.2018 seeking recall of an order passed by the Consolidation Officer in the year 2016.
The order sheet of the proceedings indicates that out of eight dates fixed in the case before the Consolidation Officer, the matter was adjourned at-least on six occasions, on account of a lawyers strike.
It is therefore, clear that the delay, if any, is not on account of any fault of the court concerned.
The petition is disposed of with the observation that the Consolidation Officer may endeavour to decide the restoration application as expeditiously as possible. However, he is not required to comply with this direction, in case the lawyers continue to remain on strike.
Order Date :- 26.2.2019 Jitendra