Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 146383 (ALL)

KANHAIYA LAL v. CONSOLIDATION OFFICER III, BAHRAICH AND OTHERS

A227/3464/2024 · 2025-04-03

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3464 of 2024 Petitioner :- Kanhaiya Lal Respondent :- Consolidation Officer Iii, Bahraich And Others Counsel for Petitioner :- Hom Narayan Awasthi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. 1. Heard learned Counsel for the petitioner, learned State Counsel and Sri Pankaj Gupta, learned Counsel for the Gaon Sabha. 2. In view of order proposed to be passed notice to private- respondent(s) is dispensed with. 3. Present petition has been filed for the following main reliefs:- "to direct the Consolidation Officer-III Bahraich to decide the computerized case No. 20215508150100001 (State versus Chandrika Prasad) U/S 9A-2 of U.P.C. H. Act, which is pending since 2018, as expeditious as possible or within a period as stipulated by this Hon'ble court." 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 2018 before Consolidation Officer III, District Bahraich is causing great hardships and mental agony to the petitioner. 5. Considering the aforesaid, 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 III, District Bahraich is directed to consider and decide the Case No. 20215508150100001, 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 :- 3.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench