Court No. - 44
Case :- WRIT - B No. - 1056 of 2019 Petitioner :- Kismati Devi And 5 Others Respondent :- Consolidation Commissioner And 3 Others Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard counsel for the petitioners and learned standing counsel.
By this petition, the petitioners seek a direction in the nature of mandamus commanding the respondent no. 1- Consolidation Commissioner,U.P., Lucknow to take decision on the petitioners' application by invoking the provisions of section 6(1) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) in respect of village Shah Kuddanpur, post Rani Ki Sarai, Pergana Nizamabad, Tehsil Sadar, Azamgarh.
Contention of the counsel for petitioners is that notification under section 4 of the Act was issued in the year 1992 and in spite of objection by the most of villagers, the village has not been de-notified from the consolidation. It is further contended that in order to raise their grievance, the villagers as well as the petitioners have already moved a representation before the Consolidation Commissioner, a copy of which has been appended as annexure -5 to the writ petition, but no decision has been taken in the matter as yet.
Having regard to the facts of the case, in the opinion of this Court, the ends of justice would be subserved by issuing a direction upon the respondent no. 1- Consolidation Commissioner U.P. at Lucknow, to consider grievance of the petitioners as raised their aforesaid representation and pass appropriate orders after hearing the concerned authorities in accordance with law expeditiously preferably within a period of six months from the date of production of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case and the Consolidation Commissioner shall pass order independently strictly in accordance with law.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 30.4.2019/Akbar