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2025 DAILYLAW 134897 (ALL)

SHIV PRASAD MISHRA AND 3 OTHERS v. CONSOLIDATION OFFICER SECOND, PRATAPGARH AND OTHERS

A227/2174/2025 · 2025-05-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25961 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2174 of 2025 Petitioner :- Shiv Prasad Mishra And 3 Others Respondent :- Consolidation Officer Second, Pratapgarh And Others Counsel for Petitioner :- Rama Shankar Dubey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard learned Counsel for the petitioners and learned State Counsel. 2. In view of order proposed to be passed notice to private- respondent(s) is dispensed with. 3. Present application has been filed for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue an order or direction to the Consolidation Officer Second, District Pratapgarh to decide the case bearing Case No. 76/98 Doodh Nath Vs. Manraji, under Section 9A(a) U. P. Holding Consolidation Act regarding Gata No. 573 in basic years khatauni expeditiously." 4. As per learned counsel for the petitioner, the pendency of the case, in issue, under 9A(2) of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953"), since 2008 before Consolidation Officer II, District Pratapgarh is causing great hardships and mental agony to the petitioner. 5. Taking note of the aforesaid, as also the fact, which is apparent from the record, that initial order related to pending proceeding was passed on 11.03.1972, this Court is of the view that justice would suffice if direction is issued to respondent no. 1 to conclude the proceedings within the time specified to which learned counsel for the State has no serious objection. 6. Considering the aforesaid, without entering into the merits of the case, respondent No.1-Consolidation Officer II, District Pratapgarh is directed to consider and decide the Case No. 76/98 (Doodh Nath Vs. Manraji), under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953, expeditiously, say, within a period of six months, from the next date fixed in the case, if there is no other legal impediment. The concerned authority shall avoid unnecessary adjournments to either party. It is further provided that while conducting the proceedings the proper opportunity shall be provided to the parties to the proceedings. 7. With the above observations, the writ petition is disposed of. Order Date :- 02.05.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench