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2025 DAILYLAW 28025 (ALL)

MEDHU (SINCE DECEASED) AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIB/911/2025 · 2025-05-21

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:87038 Court No. - 50 Case :- WRIT - B No. - 911 of 2025 Petitioner :- Medhu (Since Deceased) And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Kailash Nath Singh, learned counsel for the petitioners and 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, commanding the respondent no. 2/Settlement Officer of Consolidation, District Jaunpur to decide the Appeal No. 52 of 1984, Computerized Case No. 19874143600001637 [Medhu Vs. Kedar] under Section 11(1) of the U.P.C.H. Act, 1953 situated at Village Pilkich, Pargana Anguli, Tehsil Shahganj, District Jaunpur within stipulated period of time as directed by this Hon'ble Court. ii) Issue any other order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. iii) To award the cost of the writ petition." 3. On 03.04.2025 following order was passed by this Court:- "1. Heard Mr. Kailash Nath Singh, learned counsel for the petitioners and Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents. 2. In compliance of the order of this Court, instruction dated 17.3.2025 sent by the Settlement Officer of Consolidation is taken on record. 3. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel on the basis of instruction dated 17.3.2025 submitted that the next date fixed in the proceeding is 17.4.2025 and matter shall be decided expeditiously. 4. Considering the facts mentioned in the instruction, matter is adjourned for six weeks. 5. Respondent no.2/ Settlement Officer of Consolidation, Jaunpur is directed to decide the Appeal No.52 of 1984, Computerized Case No.198754143600001637 (Medhu vs. Kedar), under Section 11 (1) of U.P. Consolidation of Holdings Act, 1953, which is pending since 1983 and communicate the order to this Court by the next date fixed in the matter. 6. Put up this case as fresh on 22.5.2025 at 2:00 P.M. 7. Registrar Compliance is directed to communicate this order to respondent no.2/ Settlement Officer of Consolidation, Jaunpur within three days." 4. Sri Pankaj Kumar, learned Standing Counsel for the State submitted that he has not received instruction relating to the status of pending appeal in compliance of the order dated 03.04.2025. 5. Considering the earlier instruction dated 17.03.2025 sent by authorities as well as argument advanced by learned counsel for petitioner, the petition is finally disposed of directing the respondent no. 2-Settlement Officer of Consolidation, Jaunpur to decide the aforementioned appeal, after affording proper opportunity of hearing to the parties expeditiously, preferably within a period of two months from the date of production of a certified copy of the order of this Court. Order Date :- 22.5.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad