Court No. - 21
Case :- WRIT - B No. - 1569 of 2021 Petitioner :- Munni Lal @ Manik Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- D.K.Ojha Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri D.K. Ojha, learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 and 2 and perused the record.
Present writ petition has been filed by the petitioner seeking following reliefs :-
"(a) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no.2 Consolidation Officer, Gyanpur, Sant Ravidas Nagar, Bhadohi to decide the restoration application no.353 of 2005-06 (Sangam Lal and others vs. Munni Lal @ Manik Lal and others) filed in Case No.126/127/128 of 1986, (Munni Lal @ Manik Lal vs. Rajkali and others) against order dated 06.06.1986 passed by respondent no.2/Consolidation Officer Gyanpur, Sant Ravidas Nagar, Bhadohi within stipulated time expeditiously as soon as possible, or by the Hon'ble Court in a set time, otherwise the petitioner shall suffer an irreparable loss and injury."
It is submitted by learned counsel for the petitioner that against the order dated 06.06.1986 passed by the Consolidation Officer, a highly belated restoration application dated 16.09.2004 has been filed by the contesting respondents. Since the date of its filing, the said restoration application is pending protracted without any fruitful step being taken by the authority concerned for its early disposal.
Learned Standing Counsel has fairly contended that he has no objection if this Court issues a direction for early disposal of the restoration application, as mentioned above.
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 the Consolidation Officer (respondent no.2), before whom the restoration application dated 16.09.2004 is pending disposal, to decide the same expeditiously, preferably, within a period of four months from the date of production of a 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 before the authority concerned, after downloading it from the official website of High Court, Allahabad, which shall be supported by an affidavit. The authority concerned shall verify the same from the official website of this Court.
With the aforesaid directions, present writ petition is disposed of.
Order Date :- 28.9.2021 Manish Himwan