Court No. - 21
Case :- WRIT - B No. - 975 of 2021 Petitioner :- Ram Prakash Singh Respondent :- Dy Director Of Consolidation C.R.O. Basti And Others Counsel for Petitioner :- Gulab Chandra
Hon'ble Dinesh Pathak,J.
Order on Amendment Application
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner has pressed the present amendment application seeking permission to amend the prayer clause of the writ petition.
Learned counsel for the Gaon Sabha and learned Standing counsel for the State-respondents have no objection to it.
Accordingly, the amendment application is allowed.
However, since it is a e-court matter, therefore writ petition is also deemed to be amended by the order passed today allowing the amendment application and petition should be heard and decided accordingly.
Order on Petition
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
In the present writ petition by way of amendment application, petitioner has sought the following relief:-
(i) To issue an appropriate order or direction to the second respondent consolidation officer to decide and dispose of the pending Amaldaramad application dated 31.12.2018 of petitioner filed under Rule 109 of U.P.C.H. Act (Annexure No. 6) on merit affording opprtunity of hearing within stipulated time as may be fixed by this Hon'ble Court to secure the ends of justice.
It is submitted by the learned counsel for the petitioner that Plot No. 240m, Area 12 Biswa 10 dhoor corresponding to 0.091 hectare, situated in village Amhut, Paragana Nagar Purab, Tehsil and District- Basti was initially recorded in the name of predecessor in the interest of petitioner.
In the basic consolidation record, aforesaid plot number was deleted. Consequently, petitioner has moved an application dated 17.10.2002, under Section 9-A (2) of Uttar Pradesh Consolidation of Holdings Act (in brevity "U.P.C.H. Act) (Annexure-3) for recording his name over the plot in question. The aforesaid application dated 17.10.2002 moved by the petitioner has been finally decided vide order dated 20.12.2018 passed by the C.O., Ghazipur (Respondent no. 2). In pursuance of the order dated 20.12.2018, petitioner has moved an application dated 31.12.2018, under Rule 109 of U.P.C.H. Act (Annexure-6).
The aforesaid application dated 31.12.2018 is still pending for disposal in the court of C.O., Sonupar, District Basti (Respondent no. 2). It is submitted that the aforesaid pending application is protracted without any further fruitful steps to decide it finally on merits, therefore, petitioner urged for early disposal of the aforesaid application.
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 C.O., Ghazipur (respondent No. 2) before whom application is pending, to decide the same expeditiously, preferably, within the period of three months from the date in receipt of certified 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 :- 30.7.2021/A.P. Pandey Digitally signed by Justice Dinesh Pathak Date: 2021.07.30 13:38:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad