Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 194196 (ALL)

RAMJAN ALI v. STATE OF U.P. AND 7 OTHERS

WRIB/3033/2025 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3033 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Learned counsel for the petitioner is permitted to make necessary correction in the array of the parties to the writ petition. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 3.The instant petition has been filed for the following relief:- "i. issue a writ, order or direction in the nature of mandamus directing respondent No.2 to decide the objection u/s 109-A of Consolidation Holdings Act in Case No.0425 of 2025 (Ramjan and others vs. Sajid Ali and others) at Mauja Malmaliya @ Sirsiya, Tappa Viraicha, Parganba Haveli, Tehsil-Sadar, District-Maharajganj. (Annexure No.1 to the writ petition)." 4. This Court vide order dated 06.08.2025 directed the learned Standing Counsel to obtain instruction in the matter. 5. In compliance of the order of this Court, instruction dated 06.10.2025 sent by Settlement Officer of Consolidation is taken on record. 6. Dr. Sanjay Kumar Shukla, learned Additional Chief Standing Counsel for the State-respondents on the basis of the instruction submitted that due to filing of transfer application by the private respondent, the proceeding cannot be concluded by the Consolidation Officer. 7. Learned counsel for the petitioner submitted that the aforementioned proceeding under Rule 109-A of U.P.C.H Rules is pending before Versus Counsel for Petitioner(s) : Sanjay Shukla Counsel for Respondent(s) : C.S.C. Ramjan Ali .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) respondent No.2-Consolidatin Officer, Farenda, since 2018. He further submitted that since no interim order is operating in the transfer application as such there is no hindrance to conclude the proceeding initiated about 7 years before by the petitioner under Rule 109-A of U.P.C.H. Rules. He further placed certified copy of the order sheet, which has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding expeditiously. 8. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally directing respondent No.2-Consolidatin Officer, Farenda, Maharajganj to decide the aforementioned proceeding initiated under Rule 109-A of U.P.C.H. Rules in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to the parties. October 13, 2025 PS* WRIB No. 3033 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad