Heard Shri Kamlesh Kumar Tiwari, learned counsel for the petitioners and learned Standing Counsel for the State - respondent No.1.
Shri Kamlesh Kumar Tiwari, learned counsel for the petitioners does not press the relief sought in the instant writ petition. He recasts prayer.
The only prayer made by Shri Kamlesh Kumar Tiwari, learned counsel for the petitioners is that the application for interim relief in the proceedings of Revision No.426 under Section 48 of the Consolidation of Holdings Act, 1953, pending before the respondent No.1-Deputy Director of Consolidation, Azamgarh, be decided within a stipulated period of time.
Learned Standing Counsel does not have any serious objection to the aforesaid prayer.
The proceedings are pending before the competent authority. The petitioner No.1/1 has already submitted an application for interim relief. The respondent-authority is under obligation of law to decide the application for interim relief submitted along with the memo of revision, as in certain cases absence of interim orders may render revisional remedy illusory.
No useful purpose would be served by keeping this writ petition pending.
The matter is remitted to the respondent No.1-Deputy Director of Consolidation, Azamgarh.
A writ in the nature of mandamus is issued commanding the respondent No.1-Deputy Director of Consolidation, Azamgarh, to execute the following directions:
I. The respondent No.1-Deputy Director of Consolidation, Azamgarh shall decide the interim application within a period of four months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with memo of revision.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
II. The respondent No.1-Deputy Director of Consolidation, Azamgarh shall ensure that the all parties concerned are heard before any order is passed on the said application.
III. All parties to the lis are directed to cooperate in the proceedings before the respondent No.1-Deputy Director of Consolidation, Azamgarh.
IV. In case the parties do not cooperate in the proceedings before the respondent No.1-Deputy Director of Consolidation, Azamgarh, or adopt dilatory tactics, the respondent No.1-Deputy Director of Consolidation, Azamgarh, shall record a finding to this effect and proceed as per directions mentioned above.
V. If necessary, the respondent No.1-Deputy Director of Consolidation, Azamgarh may proceed with the hearing on a day to day basis to ensure that the above time period of four months is strictly adhered to.
With the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 11.1.2021 Ashish Tripathi