JAI NARAYAN VERMA AND ANOTHER v. CONSOLIDATION OFFICER, SADAR-IST, BARABANKI AND OTHERS
WRIB/331/2025 · 2025-04-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133865 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21323 Court No. - 7 Case :- WRIT - B No. - 331 of 2025 Petitioner :- Jai Narayan Verma And Another Respondent :- Consolidation Officer, Sadar-Ist, Barabanki And Others Counsel for Petitioner :- Onkar Pandey,Arjun Gupta Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:-
"I. Issue a writ order or direction in the nature of Certiorari quashing the order dated 18/05/2023 passed by the opp. Party no. 1 i.e. Consolidation Officer, Sadar Ist, Barabanki in Case no. 251 of 2025 under section 9A (2) of UP CH Act (Babu Ram Versus Phoolmati) by means of which the
order to proceed the case ex parte against the petitioners has been passed, contained as Annexure No. 1." Vide impugned order dated 18.05.2023 passed by opposite party no.1/Consolidation Officer, Sadar 1st, Barabanki (in short 'C.O.') in Case No. 251 of 2025 (Babu Ram Versus Phoolmati) under Section 9A(2) under U.P. Consolidation of Holdings Act, 1953 (in short 'Act of 1953'), the C.O. proceeded in the matter ex-parte. On coming to know about the impugned order dated 18.05.2023 the petitioner appeared before the C.O. and preferred an application dated 20.03.2025 with a prayer to recall the order dated 18.05.2023 and the same is pending disposal till date and on account of pendency of the application in issue, the petitioners are suffering great hardship and mental agony. On being confronted, after taking note of aforesaid, it is stated that matter may be expedited. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the opposite party no.-1 is directed to consider and decide the pending recall application of the petitioner dated 20.03.2025 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within three months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of.
Order Date :- 16.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench