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2025 DAILYLAW 138557 (ALL)

GANGA PRASAD AND 4 OTHERS v. SETTLEMENT OFFICER CONSOLIDATION, BARABANKI AND OTHERS

A227/2619/2025 · 2025-05-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26332 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2619 of 2025 Petitioner :- Ganga Prasad And 4 Others Respondent :- Settlement Officer Consolidation, Barabanki And Others Counsel for Petitioner :- Pankaj Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State/opposite party No.1 and perused the record. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of this petition, the petitioner seeks following main relief :- "(i) direct to the Opposite Party No. 1 (Settlement Officer Consolidation Barabanki, District-Barabanki) to decide the appeal bearing No. 202154041200000598II (New No. 116/2025), (Ganga Prasad and others Versus Raja Ram and others), which is pending since 27.08.2021 before Opposite party no. 1, within stipulated time as fixed by this Hon'ble Court, in the interest of justice." It is stated that as per para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending since 2021 and on account of pendency of the same, the petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel has pointed out that the appeal in issue has been filed after 56 years and the application seeking condonation of delay has not been disposed of till date. 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 Opposite Party No. 1/Settlement Officer of Consolidation, Barabanki to conclude the proceedings in issue i.e. the Appeal bearing No. 202154041200000598II (New No. 116/2025) (Ganga Prasad and others Versus Raja Ram and others), strictly in terms of the observations made by the Division Bench of this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation and others, 2022 SCC OnLine All 107, according to which the the issue of condonation of delay should be decided first, 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. 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 :- 6.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench