Heard learned counsel for the petitioner. Notice on behalf of the respondent no. 1 has been accepted by the office of the learned Additional Chief Standing Counsel.
In view of the aforesaid order proposed by this Court, notice to the private respondent no. 2 is dispensed with.
By means of the instant petition, the petitioner prays that the Mutation Case No. 451 under Section 12 of The Consolidation of Holdings Act, 1953 (Kamla Devi Vs. Late Dharmaand and Others) before the respondent no. 1 may be decided at an early date.
The submission is that there is a litigation which is going on between the petitioner and the respondent no. 2 relating to the property which was bequeathed by his mother in favour of the petitioner as well as some part of it which was sold by her in favour of the petitioner. Initially an order had been passed by the Consolidation Officer which was challenged in Appeal by the respondent nos. 2 in appeals. The appeal was allowed and by means of order dated 19.08.2013, the matter was again remanded to the Consolidation Officer, District Ayodhya for its fresh consideration.
The further submission is that since the remand made in the year 20013, the matter is still pending without any fruitful progress and in the aforesaid circumstances, the proceedings pending before the respondent no. 1 may be expedited.
The learned Additional Chief Standing Counsel submits that in case if the proceedings are expedited.
Considering the aforesaid facts and circumstances as well as the material available on record, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending and ends of justice can be served by directing the respondent no. 1 to consider and decide the pending Mutation Case No. 451 under Section 12 of The Consolidation of Holdings Act, 1953 (Kamla Devi Vs. Late Dharmaand and Others) before it relating to Village Majnawan, Pargana Magalasi, Tehsil Sohawal, District Ayodhya most expeditiously without granting any unnecessary adjournments to either of the parties.
It is made clear that the Court has not examined the case of the petitioner on merits and the Authorities concerned shall be entitled to pass appropriate orders strictly in accordance with law and an endevour should be made to decide the matter after affording opportunity of hearing to the parties concerned within a period of six months from the date a certified copy of this order is placed before the Authority concerned, provided there is no other legal impediment in doing so.
With the aforesaid, the petition is disposed of.
Order Date :- 19.8.2021 Asheesh