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2025 DAILYLAW 169936 (ALL)

JAGAT BAHADUR SINGH AND ANOTHER v. SETTLEMENT OFFICER OF CONSOLIDATION DISTT. RAIBAREILY AND 10 OTHERS

A227/6203/2024 · 2025-01-16

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3076 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6203 of 2024 Petitioner :- Jagat Bahadur Singh And Another Respondent :- Settlement Officer Of Consolidation Distt. Raibareily And 10 Others Counsel for Petitioner :- Mohd. Mansoor,Mohammad Danish Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. The learned counsel for the petitioners have filed a supplementary affidavit which is taken on record. Heard learned counsel for the petitioner. Notice on behalf of the respondents No. 1 has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondent Nos. 2 to 11 is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of his Case No. 5369 filed under Section 9A (2) of the Consolidation of Holdings Act, 1953 as well as Appeal No. 144 (Computerized Case No. 202354105800000175) under section 11 (1)/53-B of the U.P. Consolidation of Holdings Act, 1953 pending before the respondent No.. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.2 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and finally decide the pending proceedings of Case No. 5369 filed under Section 9A (2) of the Consolidation of Holdings Act, 1953 as well as Appeal No. 144 (Computerized Case No. 202354105800000175) under section 11 (1)/53-B of the U.P. Consolidation of Holdings Act, 1953 as expeditiously as possible affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties provided there is no legal impediment. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall consider and decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 16.1.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench