Court No. - 9
Case :- WRIT - B No. - 1057 of 2021 Petitioner :- Ram Kishun And 6 Others Respondent :- Deputy Director Of Consolidation And 7 Others Counsel for Petitioner :- Shivakant Singh,Ram Swaroop (Singh) Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus directing the respondent authorities not to implement the order dated 23.4.1980 exercising his powers under Section 9(1) of the U.P Consolidation of Holdings Act, 1953 against which, the petitioners state, that Appeal No.57 of 2019 is pending before the Settlement Officer of Consolidation, Banda.
It is apparent that the appeal before the Settlement Officer of Consolidation has been filed almost 40 years after the order passed by the Consolidation Officer.
In view of the aforesaid, the prayer to issue a mandamus to the consolidation authorities not to implement the order passed by the Assistant Consolidation Officer, Banda while the appeal is still pending is rejected at the stage.
However, considering the circumstances of the case, the Settlement Officer of Consolidation, Banda is directed to decide Appeal No.57 of 2009 within a period of six months from the date a copy of this order is produced before him after giving an opportunity of hearing and without granting any unnecessary adjournment to the parties, in case, there is no legal impediment in deciding the aforesaid appeal. The Settlement Officer of Consolidation, Banda shall be at liberty to proceed and hear the case on day to day basis.
It is clarified that this Court has not expressed any opinion either regarding the maintainability of the appeal or merits of the claim made by the petitioners.
With the aforesaid direction, the petition is disposed of.
Order Date :- 27.7.2021 IB