Court No. - 49
Case :- WRIT - B No. - 2636 of 2019 Petitioner :- Gayn Chandra Yadav Respondent :- The Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Counsel for the petitioner is permitted to correct the prayer made in the writ petition during the course of the day.
Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos.1 and 2.
In view of the order proposed to be passed, notices need not go to the respondent Nos.3 and 4.
The petitioner has preferred the present writ petition with the following prayers:-
(a) Issue a writ, order or direction in the nature of mandamus directing to allow this application and issue a mandamus directing the respondent No.2/Consolidation Officer, Mohammadabad, Mau to decide the restoration Application No.1718 under Section 9(A)(2)) of the U.P. Consolidation of Holdings Act, 1953 (Satya Prakash & Others Vs. State) within stipulated period."
It appears from perusal of the record that a restoration application was filed by the petitioner before respondent No.2/Consolidation Officer, Mohammadabad, Gohna, District Mau in the year 2014. It further appears from perusal of the record that restoration application filed by the petitioner was also time barred. It is contended that in spite of the fact that consideration time has already been lapsed, till date no decision has been taken on the same.
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.2 to consider and decide the Restoration Application No.1718 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, except upon payment of cost.
Order Date :- 28.11.2019 saqlain