Court No. - 21
Case :- WRIT - B No. - 1071 of 2021 Petitioner :- Gudri Respondent :- Settlement Officer Of Consolidation And 2 Others Counsel for Petitioner :- Priya Ranjan Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard Sri P.R. Rai, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1, Sri Rameshwar Prasad Shukla, learned counsel for the respondent no.2-Gaon Sabha and perused the record.
Present petition has been filed by the petitioner beseeching a mandamus directing the respondent no.1 to decide the Case No.581 (Gudri vs. Gaon Sabha) Village-Haidrabad @ Chatvara, Tehsil-Sadar, District-Azamgarh, within stipulated period.
It is submitted by learned counsel for the petitioner that the land in question i.e. Gata No.707 (New Gata No.1577) area 220 kari was allotted in favour of petitioner's father through lease deed dated 11.11.1975. During the consolidation proceedings vide ex parte order dated 15.10.2008 passed by the Consolidation Officer, name of petitioner's father was ordered to be deleted from the Revenue Record. Feeling aggrieved, petitioner, while he came to know about the aforesaid order, has filed an appeal under Section 11 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter to be referred as "UPCH Act") challenging the order dated 15.10.2008, which is still pending before the Court of the respondent no.1 i.e. Settlement Officer of Consolidation (hereinafter to be referred as "S.O.C.") since 2008. No fruitful step has been taken to get this matter decided and the same is protracted.
Learned Standing Counsel as well as learned counsel for the respondent no.2 contend that they have no objection, if this Court issues a direction for final disposal of the aforesaid appeal, which has remained pending since long time.
In view of aforesaid conspectus, no useful purpose would be served by keeping 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, with a direction to the Settlement Officer of Consolidation (respondent no.1) to decide the appeal i.e. Case No.581 (Gudri Vs. Gaon Sabha) under Section 11 of the UPCH Act filed against the order dated 15.10.2008, expeditiously, preferably, within a period of six months from the date of production of a copy of this order.
It is expected that it should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
The petitioner shall file a computer generated copy of this order downloaded from the official website of High Court, Allahabad, supported by an affidavit, before the concerned authority and the same shall be verified by the concerned authority from the website of this Court.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 27.7.2021 Manish Himwan