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2025 DAILYLAW 170295 (ALL)

BHOMESHWAR PRATAP SINGH v. STATE OF U.P. THRU. REVENUE SECY., LUCKNOW AND OTHERS

A227/6277/2024 · 2025-01-06

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:769 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6277 of 2024 Petitioner :- Bhomeshwar Pratap Singh Respondent :- State Of U.P. Thru. Revenue Secy., Lucknow And Others Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the respondent State. In pursuance of the order dated 20.12.2024, learned Standing Counsel has provided a copy of the written instruments under the signatures of Consolidation OfÏcer, Sadar (III), Bahraich dated 3.1.2025 wherein it has been indicated that the petitioner has not disclosed the correct facts. It is stated that in the petition it is averred that the consolidation proceedings are pending since 2003. However, it has not been indicated that earlier the proceedings were decided on 9.7.2004 whereafter the applications for recall were moved by the parties. It was once again decided on merits on 4.11.2009 whereafter certain appeals were filed. After remand, the parties did not participate and the proceedings came to be dismissed for want of prosecution on 24.6.2019 and thereafter several opportunities have been granted to the parties. Another reason for the delay is that some of the parties had expired and they had to be brought on record and in this view of the matter, the impression given that the court is not proceeding promptly is not quite correct. A specific query was put to the learned counsel for the petitioner as to whether these facts were mentioned in the petition or not, which he candidly urged that there is no mention of the aforesaid facts in the petition. Since the petition seeking expedition, is purely discretionary in nature, and it has to be considered in the light of the facts which are brought to the notice of the court and in this view of the matter where the petitioner has not disclosed the correct facts and it is only through the instructions from the respondent State that it has been brought to the notice that the parties for the reasons noticed above were not cooperating, hence, this court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. However, it is observed that the matter is still pending in the court since 2003. In case if the parties are not cooperating in the proceedings, the Consolidation OfÏcer shall take the proceedings to its logical conclusion, in accordance with law and should not become an instrument at the behest of the unscrupulous litigants for keeping the matter pending. Order Date :- 6.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench