Court No. - 36
Case :- WRIT - B No. - 3282 of 2018 Petitioner :- Israwati And 3 Others Respondent :- The Consolidation Officer Khajani And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The prayer in the present petition is to issue a direction to the Consolidation Officer to decide the pending proceedings under Rule 109-A of the U.P. Consolidation of Holdings Rules, 1954 (in short 'the U.P. C.H. Rules'). The submission of learned counsel for the petitioners is that the proceedings under Section 12 of the U.P. Consolidation of Holdings Act, 1953 initiated on the application moved by the petitioners and the opposite parties had attained finality with the dismissal of the writ petition filed by the opposite parties namely Writ Petition No.6383 of 1986 (Dhruv Narain & Ors. v. Assistant Director of Consolidation & Ors.) vide judgment and order dated 6.8.2014.
The application under Rule 109 of the U.P. C.H. Rules was moved, thereafter, wherein the opposite parties are appearing. However, the matter could not proceed at the required pace on account of the delaying tactics adopted by the opposite parties.
Perused the order sheet, in view of the pending proceeding, without entering into the merits of the claim made by the parties, the present petition is disposed of with the direction to the Consolidation Officer, Khajani, Gorakhpur to proceed in an expeditious manner and make an endeavour to decide the pending proceedings, expeditiously, preferably within a period of two months from the date of submission of certified copy of this order without granting any unnecessary adjournment to either of the parties. In case of any such adjournment, appropriate cost may be imposed upon the parties seeking such adjournment.
Order Date :- 27.3.2018 Jyotsana