Court No. - 21
Case :- WRIT - B No. - 974 of 2021 Petitioner :- Jai Prakash Kushwaha Respondent :- State of U.P. Counsel for Petitioner :- Mir Sayed
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Instant writ petition has been filed seeking early disposal of proceeding in Case No. 49 of 2018-19 (Jai Prakash Kushwaha Vs. State of U.P. and others), under Section 42-A of Uttar Pradesh Consolidation of Holdings Act ( In brevity "U.P.C.H. Act"), pending in the court of C.O., Sadar, Ghazipur (Respondent no. 3).
It is submitted by the learned counsel for the petitioner that the plot in question i.e. Plot No. 312 (New Plot No. 490) situated in vilage Shahabuddinpur, Pargana Pachotar, Tehsil and District- Ghazipur, was initially recorded as pond in the revenue record but subsequently by manipulation, the same has been got allotted in favour of predecessor in the interest of respondent nos. 4 to 8.
To correct the record, petitioner has moved an application dated 3.11.2018, under Section 42-A of U.P.C.H. Act registered as Case No. 49 of 2018-19 (Jai Prakash Kushwaha Vs. State of U.P. and others), which is pending in the court of C.O., Ghazipur (Respondent no. 3). Copy of the application dated 3.11.2018, under Section 42-A of U.P.C.H. Act is annexed as Annexure No. 1 to the writ petition.
In this conspectus as above, no useful purpose would be served to keep 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 as mentioned in the present writ petition, with a direction to C.O., Ghazipur (respondent No. 3) before whom application is pending, to decide the same expeditiously, preferably, within the period of three months from the date in receipt of certified copy of this order.
It is expected that it should be decided by 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, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observations, present writ petition is disposed of.
Order Date :- 30.7.2021 A.P. Pandey Digitally signed by Justice Dinesh Pathak Date: 2021.07.30 13:38:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad