On 22.11.2019 following order was passed:-
"Petitioner Gopal Krishna Pandey appear in person. Learned Standing Counsel accepted notice on behalf of respondent.
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 the respondent (Settlement Officer of Consolidation, Mau) to decide the Restoration Application filed in Case No.325 of 2011 under Section 42 Z.A. & L.R. Act for correction of Map with regard to Arazi No.23 Part- Chak No.434 Mauza Indara, Pargana-Ghosi, Tehsil Sadar, District Mau wihtin stipulated period pending in his court since 19.2.2013 so that the the justice may be done; otherwise the applicant/petitioner shall suffer irreparable loss and injury.
(b) Issue any other writ, order or direction, as this Hon'ble Court may deem fit and proper under the facts and circumstance of the case.
(c) Award the cost of the petition to the petitioner throughout."
It is contended that although the application was filed in the year 2013 but till date no decision has been taken by the respondent/Settlement Officer of Consolidation,Mau District Mau.
I have perused the record of the writ petition. It appears that the application was filed by the petitioner on 19.02.2013 to recall the order dated 16.4.2012 which was passed ex-parte. From perusal of the order sheets, which is annexed as Annexure No.4 to the writ petition, it transpires that on maximum dates, there is no functioning of the Court due to resolution of the Bar.
Matter requires consideration.
Learned Standing Counsel is granted three weeks' time to seek instructions in the matter.
Put up this matter as fresh on 16.12.2019."
Today when the matter is taken, instructions received by learned Standing Counsel has placed before the Court. The same is taken on record.
From perusal of the instructions, it transpires that on so many dates, the hearing does not take place due to resolution passed by the District Bar Association, Mau. It is further stated that the next date fixed in the matter is 21.12.2019.
Heard learned counsel for the parties. With the consent of learned counsel for the parties, the matter is disposed of finally at the admission stage itself.
In the special facts and circumstances of the case, this writ petition is disposed of directing the respondent/Settlement Officer Consolidation, Mau to decide the restoration application filed by the petitioner in Case No.325 of 2011 expeditiously and preferably on the next date fixed i.e. 21.12.2019. In case, on the said date on account of any reason, hearing could not take place in the aforesaid case, then the respondent/Settlement Officer of Consolidation, Mau will decide the same expeditiously and preferably within a period of two months from 21.12.2019.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 18.12.2019 saqlain