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2025 DAILYLAW 143685 (ALL)

RAM BADAL @ BADALU v. SETTLEMENT OFFICER CONSOLIDATION PRATAPGARH AND 14 OTHERS

A227/3534/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33607 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3534 of 2025 Petitioner :- Ram Badal @ Badalu Respondent :- Settlement Officer Consolidation Pratapgarh And 14 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(I) To direct the opposite party No.1 i.e. Settlement Officer Consolidation, Pratapgarh to decide the appeal no 1198/2024 along with the application under section 5 of Limitation Act, as well as interim application dated 19.07.2024 "Ram Badal @Badalu Vs. Ram Bahadur and others", u/s 11(1) of U.P. Consolidation of Holding Act 1953, pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.1 & 2)" Taking note of entire facts of the case including that case in issue i.e. Appeal No. 1198/2024 alongwith application under Section 5 of the Limitation Act as also interim application dated 19.07.2024, was preferred by the petitioner, which are pending till date, the present petition is disposed of with direction to opposite party no.1 to proceed as per law including the observations made by the Division Bench of this Court in the judgment passed in the case of Ram Prakash v. Deputy Director of Consolidation and Others reported in 2022 SCC OnLine All 107, according to which the issue of condonation of delay has to be decided first. It is also expected from the authority concerned to conclude the proceedings within a period of six months from the next date fixed before it, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, 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 decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 30.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench