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Uma Shnkar And Anr. vs State Of U.P.Through Collector ...

High Court Of Judicature at Allahabad|22 January, 2021

JUDGMENT / ORDER

Heard the learned counsel for the parties and perused the record.
This Court had passed a detailed order on 11.01.2021 which is as follows:-
"Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents.
By means of the instant petition, the petitioners had sought expeditious disposal of his objection pending under Section 9-A (2) U P CH Act which is said to have pending since 15.01.1992.
Taking note of the aforesaid, this Court by means of the orders dated 27.02.2020, again on 03.03.2020 and again on 17.03.2020 had required certain affidavits to be filed by the President and the Secretary of the Bar Association, Tahsil Bikapur, District Ayodhya. They were also required to appear in person, in case, they did not file their affidavit. The aforesaid last order is dated 17.03.2020, however, thereafter on account of pandemic COVID-19 the functioning of the Court was severely hampered.
It appears that in absence of any date fixed thereafter neither the affidavit are on record nor the parties are present.
List this matter on 22.01.2021.
The learned Standing Counsel shall positively complete his instructions by the aforesaid date, failing which, the officer concern shall appear in person.
This Court does not deem necessary at this stage to insist for the affidavit by the President and Secretary of the Bar, Tahsil Bikapur, District Ayodhya."
Shri Upendra Singh, has received instructions on 21.01.2021 signed by the Current Consolidation Officer, Bikapur, Shri Rakesh Khanna. In the instructions there is a specific reference that the several cases were clubbed together and were initially dismissed for want of prosecution on 30.11.2012. A restoration application being filed on 08.01.2014, the said application was allowed on 27.12.2018 and the cases restored to their original numbers. Thereafter there has been a lawyers strike on most of the dates in Tehsil Bikapur, therefore, no proceedings could take place. After knowledge of this Court's order dated 11.01.2021, was derived by the current Consolidation Officer. He has issued notices of the matters being heard by him to the parties on 15.01.2021 fixing the date for 18.01.2021. On 18.01.2021 the parties have appeared and for the first time filed original copies of documentary evidence sought to be relied upon by them. Statements of marginal witnesses have just now been started to be recorded that is w.e.f. 19.01.2021. The Consolidation Officer has made a request that the Court may grant one year's time to dispose of all the aforesaid cases.
This petition is finally disposed of with a direction to the Consolidation Officer, Bikapur, to conclude the hearing of the matters said to be clubbed and listed before him and pass appropriate orders in accordance with law within one year from the date a copy of this order is produced before him.
The instructions produced by the learned counsel for the respondents are taken on record.
Order Date :- 22.1.2021 PAL
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Title

Uma Shnkar And Anr. vs State Of U.P.Through Collector ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 January, 2021
Judges
  • Sangeeta Chandra