RAKESH KUMAR AND ANOTHER v. SETTLEMENT OFFICER OF CONSOLIDATION, AMETHI AND 2 OTHERS
A227/2221/2025 · 2025-04-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134984 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134984 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22230 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2221 of 2025 Petitioner :- Rakesh Kumar And Another Respondent :- Settlement Officer Of Consolidation, Amethi And 2 Others Counsel for Petitioner :- Prabhakar Nath Mishra,Kaushal Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):-
"i. Issue a direction to the opposite party no. 1 to decide the the Appeal No. bearing the case no. 236/2015/16/119/2018/14/2024 Computrikrit Case No. 20245404710000989 Rakesh Kumar & anothre Vs. Tej Bali & another pending before Settlement officer of Consolidation District Amethi., expidiciously with in stipulated period which is contained as Annexure No.1 to this petition in the interest of justice." It is submitted that for the reasons beyond control of the petitioners, the appeal, in issue, has yet not been decided, though, the same is pending since March, 2015 and on account of pendency of the same, the petitioners, who are aged about 51 and 70 years, respectively, are suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending appeal. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/Settlement Officer of Consolidation, District- Amethi to consider and decide the Appeal No. 236/2015/16/119/2018/14/2024, Computerized Case No. 20245404710000989 (Rakesh Kumar & another Vs. Tej Bali & another) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 :- 21.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench