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2025 DAILYLAW 144413 (ALL)

AKHILESH SINGH v. COURT OF CONSOLIDATION OFFICER RULE 109 DIST. GONDA AND ANOTHER

A227/3731/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34001 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3731 of 2025 Petitioner :- Akhilesh Singh Respondent :- Court Of Consolidation Officer Rule 109 Dist. Gonda And Another Counsel for Petitioner :- Yogeshwar Sharan Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner submitted that he may be permitted to implead the necessary party in the petition as respondent. The prayer sought has not been opposed by learned counsels for side-opposite. Taking note of the aforesaid, this Court is of the view that the prayer sought is liable to be allowed and is accordingly allowed. Learned counsel for the petitioner is permitted to implead necessary party as respondent no. 3 during the course of the day. Heard learned counsel for the petitioner and Shri Anurag Kumar Maurya, learned Standing Counsel for the State. In view of order proposed to be passed, issuance of notice to the private-respondent is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "Issue an order or direction in the appropriate nature, directing thereby the respondent No. 01, to decide the application for restoration dated 06.07.201 against the order dated 01.04.2021, in case No. 97/20-21, "Lal Ji Vs. State of U.P.; dated 06.07.2021; expeditiously, preferably within the time framed manner as this Hon'ble Court may fit deemed appropriate." Taking note of the fact of the case as also that the application for recall of the order is pending consideration, this petition is disposed of with a direction to the opposite party No.1/Consolidation Officer, Rule 109, Gonda to decide the pending application seeking recall within a period of two months from the next date fixed in the case. It is expected that in case the order is recalled, the case will be decided expeditiously, after affording opportunity of hearing to the parties concerned without granting any unnecessary adjournment to any of the parties. 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 :- 30.5.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench