MITHILESH KUMAR v. CONSOLIDATION OFFICER SADAR, FIRST BARABANKI AND OTHERS
/6496/2024 · 2025-01-07
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170906 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:833 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6496 of 2024 Petitioner :- Mithilesh Kumar Respondent :- Consolidation Officer Sadar, First Barabanki And Others Counsel for Petitioner :- Pintoo Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. By means of the instant petition, the petitioner prays that his objections under Section 9-A(2) of the U.P. Consolidation and Holdings Act, 1953 (for short, 'the Act of 1953') be expedited which is pending since 2002 before the Consolidation Officer, Sadar-I, District Barabanki. Learned standing counsel, on the basis of the written instructions, a copy of which has been provided to the Court for its perusal, which is taken on record, submits that the petitioner is not cooperating in the proceedings inasmuch as thrice the case has proceeded against the petitioner and every time an application is moved to get the orders recalled and despite the indulgence having been granted, there is no active cooperation. It is further submitted that as late as on 02.12.2024, the case of the petitioner was dismissed for want of prosecution and though an application for recall has been filed, but the same is pending and the case is listed on 13.01.2025. Having considered the aforesaid, this Court finds that the petitioner has not disclosed the complete facts. The writ petition was filed on 17.12.2024 wherein it is prayed that his objections under Section 9-A(2) of the Act of 1953 be decided whereas from the written instructions, which have been provided to the Court, the case already stood dismissed for want of prosecution on 02.12.2024 and as such the averments made in the petition are contrary to what the record reflects. For the aforesaid reasons, this Court is not inclined to entertain the petition which is dismissed with a cost of Rs.1,500/- to be deposited with the Mediation and Conciliation Centre, Lucknow within a period of one week. Order Date :- 7.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench