Neutral Citation No. - 2025:AHC:39850 Court No. - 50 Case :- WRIT - B No. - 720 of 2025 Petitioner :- Rukhsana Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aqeel Ahmad,Yashwant Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. Civil Misc. Exemption Application dated 18.03.2025. 1. Exemption Application is taken on record. 2. Office is directed to allot number to the instant application. 3. Consolidation Officer is present in Court. 4. In view of the facts mentioned in the affidavit filed by respondent No.2/ Consolidation Officer, personal appearance of respondent No.2/ Consolidation Officer is exempted. 5. Application is disposed of. Order on Writ Petition 1. Heard learned counsel for the petitioner, Mr. Ashish Chandra Nishad, learned Standing Counsel for the State, Mr. Yashwant Singh, learned counsel who has applied for impleadment on behalf of Mohd. Khalid and Sri Rameshwar Prasad Shukla for respondent No.3- Gaon Sabha. 2. The instant petition has been filed for the following relief. "Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2- Consolidation Officer- Phoolpur, District Azamgarh to decide the application of petitioner dated 06.07.2019 filed under Rule 109 of Consolidation of Holdings Rules, pending before him within specific period as may be fixed by this Hon'ble Court." 3. This Court vide order dated 10.03.2025 directed the Consolidation Officer to appear before this Court and explain as to why the proceedings is pending since long. 4. In compliance of the order dated 10.03.2025 Consolidation Officer is present in Court. 5. In compliance of the order of this Court, affidavit of Respondent No.2 Consolidation Officer along with an exemption application has been filed stating that proceeding under Rule 109-A of the U.P.C.H. Rules, 1954 is pending and petitioner has applied for amendment of the pleading made in the application under Rule 109-A of the U.P.C.H. Rules, 1954. He further submitted that amendment application has been rejected vide order dated 21.01.2025. 6. Mr. Yashwant Singh, learned counsel who has applied for revisionist submitted that revision filed by Mohd. Khalid against the order dated 3.7.2013, under Section 9-B (2) of U.P.C.H. Act is pending before the Deputy Director of Consolidation. As such, prayer made in the instant writ petition cannot be granted unless the revision filed by Mohd. Khalid is decided in accordance with law. 7. Counsel for the petitioner submitted that no interim order is operating in the revision and the petitioner has not been noticed till date, as such, pending proceedings under Rule 109-A of the U.P.C.H. Rules should be decided within time bound period. 8. Considering the entire facts and circumstances of the case and without expressing any opinion on merit of the case, the petition is finally disposed of directing the respondent no. 2/ Consolidation Officer, Phoolpur, District Azamgarh to decide the proceedings under Rule 109-A of U.P.C.H. Rules expeditiously, preferably, within a period of three months from today as this order has been passed in presence of Consolidation Officer concerned. Order Date :- 19.3.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad