Court No. - 49
Case :- WRIT - B No. - 3070 of 2019 Petitioner :- Smt. Hameedan Respondent :- Deputy Director Of Consolidation And 5 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel has accepted notice on behalf of respondents no. 1 and 6. Sri Rajesh Yadav, learned counsel has accepted notice on behalf of respondent no.5.
In view of the order proposed to be passed, notice need not to be issued to the respondents no.2, 3 and 4.
The petitioner has preferred this writ petition with the prayer to direct the respondent no.1/Deputy Director of Consolidation, Muzaffar Nagar to expedite and conclude the proceedings of Misc. Case No.165 of 2019 (application filed by the petitioner) in Revision No.850 of 2007 (Smt. Hameedan Vs. Mehardeen & others).
The petitioner had earlier approached this Court by filing a writ petition being Writ B No.53470 of 2007 (Mst. Hamidan Vs. D.D.C. & Others). The said writ petition was finally decided by Coordinate Bench of this Court vide its judgement and order dated 25.5.2015. The operative portion of the order passed in the aforesaid petition is reproduced hereinbelow :-
"In the result, the writ petition succeeds and is allowed. The orders of CO dated 2.4.2004, SOC dated 29.12.2006 and DDC dated 19.7.2007 are set aside. The matter is remanded to the DDC, who shall record a finding as to whether after the death of Kamaluddin, the petitioner has remarried or not. If the petitioner has not remarried, then her name may also be mutated alongwith the names of respondents-4 to 6 as an heir of Kamaluddin."
It is argued by learned counsel for the petitioner that matter is pending consideration before the respondent no.1 for last more than four years. In the circumstances, a prayer has been made to direct the respondent no.1 to decide the aforesaid revision expeditiously.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances of the case and without entering into the merits of the case, the writ petition is disposed of issuing a mandamus to the respondent no.1/Deputy Director of Consolidation, Muzaffar Nagar to decide the pending revision of the petitioner expeditiously and preferably within six months from the date of production of certified copy of this order.
Order Date :- 17.12.2019 Pramod Tripathi