Court No. - 6
Case :- WRIT - B No. - 1756 of 2020 Petitioner :- Vilas Kumari And 4 Others Respondent :- Consolidation Officer And Another Counsel for Petitioner :- Brijesh Chandra Naik Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Brijesh Chandra Naik, learned counsel for the petitioners and learned Standing Counsel for the respondents.
Shri Brijesh Chandra Naik, learned counsel for the petitioners contends that the mutation case is pending since the year 1998.
The only prayer made by Shri Brijesh Chandra Naik, learned counsel for the petitioners is that the proceedings registered as Mutation Case No. 623 filed under Section 12 of the U.P. Consolidation of Holdings Act, pending before the respondent no.1- Consolidation Officer may be decided within a stipulated period of time.
Learned Standing Counsel submits that the authorities are under an obligation of law to decide the mutation proceedings drawn under Section 12 of the U.P. Consolidation of Holdings Act within a reasonable period of time.
Heard learned counsel for the parties and perused the ordersheet.
From the records, this Court finds that there is no justification for the inordinate delay in deciding the proceedings of Mutation Case No. 623 under Section 12 of the U.P. Consolidation of Holdings Act.
No useful purpose would be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted to the respondent no. 1- Consolidation Officer, Phoolpur, Azamgarh.
A writ in the nature of mandamus is issued commanding the respondent no. 1-Consolidation Officer, Phoolpur, Azamgarh, to execute the following directions:
I. The respondent no. 1-Consolidation Officer, Phoolpur, Azamgarh shall decide the proceedings registered as Mutation Case No. 623 under Section 12 of the U.P. Consolidation of Holdings Act within a period of four months from the date of production of a computer generated copy of this order downloaded from the official website 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, Azamgarh, shall hear all the necessary parties to the lis before any order is passed in the said proceedings.
III. All parties to the lis are directed to cooperate in the proceedings before the consolidation officer.
IV. In case the parties do not cooperate in the proceedings before the respondent no.1-Consolidation Officer, Phoolpur, Azamgarh, or adopt dilatory tactics, the Consolidation Officer, Phoolpur, Azamgarh, shall record a finding to this effect and proceed in accordance with law.
V. If necessary the consolidation officer may proceed with the hearing on a day to day basis to ensure that the above time period of four months is strictly adhered to.
With the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 6.1.2021 Dhananjai