Court No. - 21
Case :- WRIT - B No. - 1279 of 2021 Petitioner :- Smt. Zayda Respondent :- Deputy Director Of Consolidation And Another Counsel for Petitioner :- Shivajee Singh Sisodiya Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Shri Shivajee Singh Sisodiya, learned counsel for the petitioner and learned Standing Counsel representing respondent nos.1 to 3.
The present writ petition has been filed with the following prayer as amended on 22.09.2021:-
“issue a writ order or direction in the nature of mandamus directing the Nayab Tehsildar/Tehsildar, Sadar, Bareilly to conclude the proceeding before him in pursuance of order dated 31.05.2017 passed by Consolidation Officer, Bareilly under Rule 109-A(1) of U.P. C.H. Act as expeditiously as possible preferably within the time stipulated by this Hon’ble Court.”
It is submitted by the learned counsel for the petitioner that vide order dated 21.11.2016 the Deputy Director of Consolidation has decided the matter in favour of the petitioner. The petitioner has moved an application under Rule 109-A (1) of U.P.C.H. Rules in pursuance of order dated 21.11.2016. The aforesaid application was allowed by the Consolidation Officer vide order dated 31.05.2017. It is further submitted that for implementation of the order dated 31.05.2017, despite the instructions given by the Consolidation Officer, the matter is pending before the authority concerned.
Learned Standing Counsel on the basis of instruction received from the authority concerned, has submitted that against the order dated 21.11.2016 a restoration application dated 03.09.2021 has been filed by D.G.C. (R), which is still pending for disposal.
Learned counsel for the petitioner submits that the alleged restoration application dated 03.09.2021 is a counterblast to the present writ petition inasmuch as vide order dated 31.08.2021 this Court has issued a direction to the Standing Counsel for obtaining the instruction from the authority concerned and after the order dated 31.08.2021, the said authorities have filed a restoration dated 03.09.2021 against the order dated 21.11.2016. It is submitted that the alleged restoration application, as mentioned in the instruction is nothing but an abuse of process of the court.
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 two weeks from today, qua his grievances as mentioned in the present writ petition along with copy of this order before the Consolidation Officer, Bareilly (respondent no.3), who shall take appropriate action and decide the same in accordance with law expeditiously, preferably, within a period of three months from the date of receipt of the aforesaid representation. It is expected that the aforesaid representation shall be decided by reasoned and speaking order in accordance with law after giving full opportunity of hearing to the parties without granting unnecessary adjournments to either of the parties.
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 observations, this petition is finally disposed of.
Order Date :- 23.9.2021 pks