Court No. - 49
Case :- WRIT - B No. - 2633 of 2019 Petitioner :- Sunder Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel accepted notice on behalf of respondent Nos.1 and 2.
In view of the order proposed to be passed, notices need not go to the respondent Nos.3 and 4.
The petitioner has preferred the present writ petition with the follwoing prayers:-
"A. Issue a writ order,or direction in the nature of mandamus commanding the Settlement Officer of Consolidation District Gorakhpur (Respondent No.2) to decide an Appeal No.1108 + 1109/2018-2019 under Section 11(1) of the U.P. Consolidation of Holdings Act, 1953 about the Aklahi, Tappa & Pargana Haweli, Tehsil Sadar, District Gorakhpur (Sunder and others Vs. Rama Shankar and others), (Sunder and others Vs. Gorakh Prasad and others) within stipulated period."
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
It appears from perusal of the record that the appeal preferred by the petitioner under Section 11(1) of the U.P. Consolidation of Holdings Act, 1953 is pending before respondent No.2 last more than 12 years, till date no final decision has been taken.
In the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the Settlement Officer of Consolidation District Gorakhpur/Respondent No.2 to consider and decide the Appeal No.1108 + 1109/2018-2019 under Section 11(1) of the U.P. Consolidation of Holdings Act, 1953 in accordance with law expeditiously and preferably within a period of six months. from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost.
Order Date :- 28.11.2019 saqlain