Court No. - 6
Case :- WRIT - B No. - 2058 of 2021 Petitioner :- Ram Vir Singh And Another Respondent :- Consolidation Commissioner And 4 Others Counsel for Petitioner :- Pawankumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Saurabh Kumar Pandey, holding brief of Sri Pawan Kumar Dubey, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Present writ petition under Article 226 of the Constitution has been filed for following reliefs:
"(i) issue a writ, order or direction in the nature of certiorari for quashing the impugned notification dated 17.12.2019 issued by the respondent no.2 under Section 4A (2) of U.P. Consolidation of Holding Act, 1953, whereby consolidation operation is going to be started in village Girgicha, Pargana Nigohi, Tehsil Tilhar, District Shahjahanpur.
(ii) issue a writ, order or direction in the nature of mandamus directing the consolidation authority not to start consolidation proceeding in the village Girgicha, Pargana Nigohi, Tehsil Tilhar, District Shahjahanpur in pursuance to the notification dated 17.12.2019."
The contention of learned counsel for the petitioners is that against the notification issued by Deputy Consolidation Commissioner, U.P at Lucknow dated 17.12.2019 under Section 4A(2) of U.P. Consolidation of Holding Act, 1953, the petitioners have filed the present writ petition challenging the said notification on the ground that consolidation operation is not at all justified in village Girgicha, Pargana Nigohi, Tehsil Tilhar, District Shahjahanpur. It is next contended by learned counsel for the petitioners that they filed a representation before Consolidation Commissioner, U.P. at Lucknow on 10.7.2021, which remain pending till date.
On the other hand, learned Standing counsel submits that no useful purpose would be served by keeping the present writ petition pending or calling the counter affidavit and direction may be issued to the concerned respondent to decide the said representation at the earliest.
Under these circumstances, respondent no.1- Consolidation Commissioner, U.P. at Lucknow is directed to decide the petitioners' representation dated 10.07.2021 as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order.
With the aforesaid direction/observation, the writ petition stands disposed of.
Order Date :- 20.12.2021 Noman