Court No. - 49
Case :- WRIT - B No. - 3135 of 2019 Petitioner :- Deenanath Respondent :- Consolidation Officer And Another Counsel for Petitioner :- Santoosh Kumar Dwivedi Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent No.1 and Sri Tariq Maqbool Khan, learned counsel put his appearance on behalf respondent No.2.
It is contended by learned counsel for the petitioner that the proceedings of Case No.35 of 1997 (Dashrath Vs. State) under Rule 109 of U.P Consolidation of Holdings Rules, 1954 is pending consideration before the Consolidation Officer, Kashya District Kushinagar /respondent No.1 since 1997.
In this view of the matter, a mandamus is sought for from this Court to direct the respondent No.1 to decide the same expeditiously.
Learned Standing Counsel as well as learned counsel for respondent No.2 have no objection to the prayer made by the petitioner.
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent No.1/Consolidation Officer, Kashya District Kushinagar to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 19.12.2019 saqlain