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Neutral Citation No. - 2025:AHC:41771 Court No. - 50 Case :- WRIT - B No. - 847 of 2025 Petitioner :- Ram Bilas Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bachcha Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Bachcha Singh, learned counsel for the petitioner and Mr. Rajesh Kumar Srivastava, learned Standing Counsel for the State.
2. The instant petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 2 to decide the Appeal No. 362/770 T.B., under Section 11(1) of UPCH Act, (Ram Vilas Vs. Jhariya Devi), which is pending before him within the stipulated period fixed by this Hon'ble Court."
3. This Court vide orde dated 12.3.2025 directed the Settlement Officer of Consolidation, Ballia to submit report in the matter.
4. In compliance of the order of this Court dated 12.3.2025, report/instruction dated 18.3.2025 sent by the Settlement Officer of Consolidation, Ballia is already on the record of the writ petition.
5. Mr. Rajesh Kumar Srivastava, learned Standing Counsel, on the basis of report/instruction dated 18.3.2025 submitted that the petitioner is not cooperating in the proceeding of appeal as such last opportunity has been granted to the appellant - Ram Bilas who is petitioner of instant petition to argue on delay condonation and maintainability of the appeal.
6. Considering the fact that the petitioner himself is not cooperating in the proceeding of appeal, as such direction for the expeditious disposal of appeal within time bound period cannot be issued.
7.Considering the entire facts and circumstances of the case, the instant petition is disposed of directing the respondent no. 2 / Settlement Officer of Consolidation, Ballia to decide the aforementioned time barred appeal expeditiously in accordance with law after affording opportunity of hearing to the parties. Order Date :- 21.3.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad