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Court No. - 35 Case :- WRIT - B No. - 1310 of 2025 Petitioner :- Mithai Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Akash Yadav, Advocate holding brief of Shri Ram Pratap Yadav, learned counsel for the petitioner, Shri Indrasen Singh Tomar, learned Additional Chief Standing Counsel for the State-respondents and Shri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha. 2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ order or direction in the nature of mandamus commanding the Deputy Director of Consolidation Azamgarh to decide the revision filed by petitioner under Section 48(i) of U.P. Consolidation of Holdings Act being Revision No.2384 of 2024, Computer Case No.20245415600002384 (Mithailal and others v. Grampanchayat) in time frame and till the revision is decided finally, the Gaon Sabha may be restrained from creating any third party right in respect of pond in dispute being old Plot No.374 area 1.825 hectare new Plot No.724 area 0.7390 hectare situated in Village Sumbhi, Pargna Nizamabad, Tehsil Sadar, District Azamgarh in better interest of justice. (ii) Issue any other and appropriate order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. Learned counsel for the petitioner submits that the above mentioned revision is pending against the order dated
13.12.2004 passed by the Assistant Settlement Officer Consolidation, Azamgarh since long and due to pending of the aforesaid revision, the petitioner is suffering undue hardship. It has also been submitted by learned counsel for the petitioner that the application for interim relief is also pending before the revisional court which has not been taking into consideration. 4. Learned Standing Counsel submits that he has no objection if a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 5. In view of the nature of the order proposed to be passed, the service of notices upon the private respondents are dispensed with. 6. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 7.
Accordingly, without adverting on merits of the case and with the consent of the learned counsel for the parties present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the Deputy Director of Consolidation Azamgarh to decide the revision filed by petitioner under Section 48(i) of U.P. Consolidation of Holdings Act being Revision No.2384 of 2024, Computer Case No.20245415600002384 (Mithailal and others v. Grampanchayat), strictly in accordance with law, by a reasoned order on merits after affording opportunity of
hearing to the parties concerned, expeditiously and preferably within a period of four months from the date of receipt of a copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 8. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 31.7.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad