Court No. - 38
Case :- WRIT - B No. - 1865 of 2021 Petitioner :- Ramnaresh Respondent :- Deputy Director Of Consolidation And 2 Others Counsel for Petitioner :- Harish Kumar Tripathi Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Rajeev Misra,J.
1. Heard Mr. Harish Kumar Tripathi, learned counsel for petitioner, learned Standing counsel representing respondent-1 and Mr. Sudhir Bharti, learned counsel representing respondent- 2, Land Management Committee. .
2. Perused the record.
3. Petitioner has approached this Court by means of present writ petition under Article 226 of the Constitution of India for a writ of mandamus commanding respondent-1, Deputy Director of Consolidation, Maharajganj to decide Revision No. 352 of 2020 (Munshi Singh Vs. Ram Naresh) under Section 48 (3) of U.P. Consolidation of Holdings Act, 1953, within a time period fixed by this Court.
4. Learned counsel for petitioner submits that an appeal filed by respondent-3, Munshi Singh was allowed by Settlement Officer of Consolidation, Maharajganj vide order dated 13.08.1985. Against aforesaid order, petitioner filed Restoration Application which came to be allowed by Settlement Officer of Consolidation, Maharajganj vide order dated 17.01.2020. Against order dated 17.01.2020 passed by Settlement Officer of Consolidation, Maharajganj, respondent-3 Munshi Singh has filed above mentioned revision, which is pending since 24.01.2020. He then submits that on account of pendency of above-mentioned revision, Settlement Officer of Consolidation, Maharajranj is not proceeding with the matter. It is thus urged that interest of justice shall better be served in case a direction is issued to respondent-1, Deputy Director of Consolidation, Maharajganj to decide afore-mentioned revision, within a time bound period. Consequently, mandamus as prayed for by petitioner is liable to be issued by this Court.
5. Having heard learned counsel for petitioners, learned Standing Counsel representing respondent-1, Mr. Sudhir Bharti, learned counsel representing respondent-2 and upon perusal of material brought on record, this court finds that no useful purpose shall be served in keeping this writ petition pending.
6. In view of above, this writ petition is finally disposed of with a direction to respondent-1, Deputy Director of Consolidation, Maharajganj to decide Revision No. 352 of 2020 (Munshi Singh Vs. Ram Naresh) under Section 48 (3) of U.P. Consolidation of Holdings Act, 1953, with all expedition, without granting any unnecessary adjournment to either of the parties and preferably within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioners in above mentioned revision by means of a Notary Affidavit.
Order Date :- 29.10.2021 YK