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2025 DAILYLAW 190912 (ALL)

BHARTI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIB/2128/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2128 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Vakalatnama filed on behalf of respondent no. 3 is taken on record. 2. Heard Sri Pramod Kumar Pandey, learned counsel for the petitioners, Sri Sheetla Prasad Pandey, learned counsel for respondent no. 3 and Sri B.N. Pathak, learned Standing Counsel for the State. 2. The instant petition has been filed for following reliefs:- i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the Case No. 0384 of 2022 (Bharti and others Vs. Kewala Devi) (Computerized Case No. T202554143658030384), under Section 12 of the U.P.C.H. Act), within specific period, in the interest of justice. (Annexure no. 2). ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iii) Award the cost of the petition to the petitioners." 3. Learned counsel for the petitioners submitted that proceeding under Section 12 of the U.P.C.H. Act is pending before the respondent no. 2- Consolidation Officer, Kirtapur, District Jaunpur, since 2022. He further placed the certified copy of the order-sheet of the pending proceeding, which is annexed as annexure no. 6 to the instant petition in order to demonstrate that the matter is not proceeding expeditiously. Versus Counsel for Petitioner(s) : Pramod Kumar Pandey, Rajneesh Sharma Counsel for Respondent(s) : C.S.C. Bharti And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no. 2-Consolidation Officer, Kirtapur, District-Jaunpur to decide the aforementioned proceeding under Section 12 of the U.P.C.H. Act, after affording proper opportunity of hearing to the parties expeditiously, preferably within a period of four months from the date of production of a certified copy of this order. October 14, 2025 Neetu WRIB No. 2128 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad