Court No. - 21
Case :- WRIT - B No. - 1088 of 2021 Petitioner :- Smt. Phoola Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amrendra Nath Rai,Nidhi Rai Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 and 2 and perused the record.
Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India beseeching early disposal of Case No.95 (Phoola vs. State of U.P.) under Section 42 A of the U.P. Consolidation of Holdings Act, 1953 (in brevity "U.P.C.H. Act").
It is submitted by learned counsel for the petitioner that petitioner has moved application dated 27.02.2020 (Annexure- 2) before the Consolidation Officer, Phoolpur, District- Azamgarh (respondent no.2) under Section 42 A of the U.P.C.H. Act, for correction of Map in compliance of order dated 08.02.2011 passed by Settlement Officer of Consolidation, Azamgarh (in brevity "S.O.C.") in Appeal No.1607, which is still pending for disposal and despite best efforts, no fruitful step has been taken by the authorities concerned to decide the aforesaid case and matter has remained protracted since long.
Learned Standing Counsel has fairly contended that he has no objection if this Court issues a direction for early disposal of the application filed by the petitioner, which has remained pending since long time.
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, Phoolpur, District-Azamgarh (respondent no.2), before whom the application dated 27.02.2020 is pending disposal, to decide the same expeditiously, preferably, within the period of three months from the date in receipt 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 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 :- 29.7.2021 Manish Himwan