Court No. - 21
Case :- WRIT - B No. - 1653 of 2021 Petitioner :- Chauhan Kalicharan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinayak Mithal,Sagar Mehrotra Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
Heard Shri Vinayak Mithal, learned counsel for the petitioner, Shri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha/respondent no. 4, learned Standing Counsel for the respondent nos. 1 to 3 and perused the record.
Present writ petition has been filed by the petitioner with the following prayers:-
"i) issue a writ, order or direction of appropriate nature commanding the Respondents to give effect to the order passed by the Consolidation Officer on 18.3.1996 and rectify the entries in the revenue records;
ii) issue a writ, order or direction of appropriate nature commanding the Respondent no. 2 to decide the application filed by the petitioner on 17.3.2020."
It is submitted by learned counsel for the petitioner that in pursuance of order dated 23.8.1995 passed by the Settlement Officer of Consolidation, parties were relegated before Consolidation Officer, who has passed order dated 18.3.1996 under Section 42-A of U.P. Consolidation of Holdings Act. Since the date of order dated 18.3.1996, the petitioner is running from pillar to post, but till date aforesaid order has not been given effect to in the revenue records. It is submitted that he has moved latest application dated 17.5.2020, which is still pending for disposal before the respondent no. 2.
Learned Standing Counsel and learned counsel for the Gaon Sabha have fairly contended that they have no objection in case the authority concerned is directed to decide the aforesaid representation dated 17.5.2020 in the light of order dated 18.3.1996 passed by the Consolidation Officer.
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 the Consolidation Officer (respondent no.2), before whom the representation dated 17.5.2020 is pending disposal, to decide the same expeditiously, preferably, within a period of three months from the date of production of a copy of this order.
The petitioner shall file a computer generated copy of this order before the authority concerned, after downloading it from the official website of High Court, Allahabad, which shall be supported by an affidavit. The authority concerned shall verify the same from the official website of this Court.
With the aforesaid directions, present writ petition is disposed of.
Order Date :- 7.10.2021 Ravi Prakash