Court No. - 21
Case :- WRIT - B No. - 1665 of 2021 Petitioner :- Santram @ Bachai Respondent :- Deputy Director Of Consolidation And 18 Others Counsel for Petitioner :- Uday Prakash,Somendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Shri Somendra Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 4 and perused the record.
Present writ petition has been filed by the petitioner with the following prayers:-
"i) to issue an order or direction or writ in the nature of mandamus commanding and directing the respondent authorities to make the entry in the name of petitioner in the basic year Khatauni Khata No. 17 (New Khata No. 83 Gata No. 230/1.2486 and New Khata No. 120 Gata No. 318/0.4477) of the Revenue Villae-Pilhi, Pargana & Tehsil and District Fatehpur as a co-tenure holder as co-sharer of equal share with respondent no. 5 and 6 in compiance of order dated 6.3.2014 passed by respondent no. 03 in Case No. 369 under Section 9-A (2) of U.P.C.H. Act- 1953 "Bachhai versus Phool Chandra and others.
ii) to issue an order or direction in the nature of mandamus commanding and directing the respondents to restore the possession of the petitioner over land in dispute."
It is submitted by learned counsel for the petitioner that petitioner is running from pillar to post for implementation of order dated 6.3.2014, but till date the same has not been given effect to. It is further submitted that he has moved several representations before the authorities concerned and the last representation is of date 12.10.2020 (Annexure-7 to the writ petition).
Learned Standing Counsel has fairly contended that he has no objection in case the authority concerned is directed to comply the order dated 6.3.2014, in accordance with law, on the representation moved by the petitioner.
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 writ petition, with a direction that petitioner is at liberty to move fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition along with a copy of this order before the Collector/District Deputy Director of Consolidation, District Fatehpur (respondent no. 1) who shall either decided himself the aforesaid representation or direct the authority concerned to decide the same under the provisions of law as applicable, if there is no other legal impediment expeditiously, preferably, within a period of three months from the date of filing of the aforesaid representation.
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 before the authority concerned, after downloading it from the official website of High Court, Allahabad, which shall be supported by an affidavit. The authority concerned shall verify the same from the official website of this Court.
With the aforesaid directions, present writ petition is disposed of.
Order Date :- 7.10.2021 Ravi Prakash