Court No. - 6
Case :- WRIT - B No. - 1907 of 2020 Petitioner :- Ramadavar Respondent :- Consolidation Officer And 4 Others Counsel for Petitioner :- Hari Prakash Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The following prayer is made in this writ petition.
"(i) Issue a writ, order or direction in the nature of mandamus commanding Consolidation Officer, Phoolpur, District Azamgarh to consider and decide the Case No 88 of 2016, Mukharaj vs. Surya Bali under Section 12 U.P. Consolidation of Holdings Act, Village Bakhara, Paragna- Mahul Tehsil- Phoolpur, District Azamgarh pending in the court of Consolidation Officer, Phoolpur, District Azamgarh within a stipulated period provided by this Hon'ble Court.
(ii) Issue any suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) Award the cost of this writ petition in favour of the petitioner."
Sri Hari Prakash Singh, learned counsel for the petitioner submits that the mutation proceedings have been kept pending for no good reason.
Learned Standing Counsel submits that the authorities are under obligation of law to decide the proceedings of mutation under Section 12 U.P. Consolidation of Holdings Act, 1953 within reasonable time.
Heard learned counsel for the parties.
The order-sheet reveals that the proceedings have been inordinately delayed for no good reasons. The authorities are under obligation of law to expeditiously decide the proceedings under Section 12 of the U.P. Consolidation of Holdings Act, 1953.
In the light of the preceding discussion, the matter is remitted to the respondent no. 1 Consolidation Officer, Phoolpur, District Azamgarh.
Writ in the nature of mandamus is issued commanding the respondent no. 1 Consolidation Officer, Phoolpur, District Azamgarh to execute the following directions:
(i) The respondent no. 1 Consolidation Officer, Phoolpur, District Azamgarh shall decide Case no. 88 of 2016 under Section 12 of U.P. Consolidation of Holdings Act, Village Bakhara, Pargana Mahul Tehsil Phoolpur District Azamgarh within a period of four months from the date of receipt of a copy of this order downloaded from the official webside of the High Court of Judicature at Allahabad. 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 Consolidation Officer, Phoolpur, District Azamgarh shall hear all parties to the lis before passing any order.
(iii) All parties to the lis before the Consolidation Officer, Phoolpur, District Azamgarh respondent no. 1 are directed to cooperate with the proceedings before Consolidation Officer.
(iv) In case the parties do not cooperate in the proceedings before the Consolidation Officer, or adopt dilatory tactics the Consolidation Officer shall record a findings to this effect and proceed in accordance with law.
(v) No unnecessary adjournments shall be granted by the respondent no. 1 Consolidation Officer, Phoolpur, District Azamgarh.
(vi) If required the respondent no. 1 Consolidation Officer, Phoolpur, District Azamgarh shall proceed with the hearing on day to day basis to ensure that the above stipulated time line of four months is strictly adhered to.
The writ petition is disposed of.
Order Date :- 7.1.2021 Nadeem Ahmad