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2025 DAILYLAW 37717 (ALL)

GANGADHARI (SINCE DECEASED) AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIB/1290/2025 · 2025-05-04

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71175 Court No. - 50 Case :- WRIT - B No. - 1290 of 2025 Petitioner :- Gangadhari (Since Deceased) And Another Respondent :- State Of U.P. And 4 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 Sri Satendra Bhushan Dubey, learned standing counsel for the state- respondents. 2. The instant petition has been filed for the following relief:-- "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.995/1232 of 2023-24 (Computerized Case No.20215414360000801) (Mahatim vs. Gangadhari), under Section 11(1) of the U.P. C.H. Act, 1953, situated at village Hariharpur, Pargana and Tehsil Kirakat, District Jaunpur within stipulated period of time as directed by this Hon'ble Court." 3. This Court vide order dated 8.4.2025 directed the learned standing counsel to obtain instructions in the matter. 4. In compliance of the order of this Court dated 8.4.2025, instruction dated 24.4.2025 sent by the Settlement Oficer of Consolidation is taken on record. 5. Sri Satendra Bhushan Dubey, learned standing counsel, on the basis of the instructions dated 24.4.2025, submitted that in view of the reason assigned in the instruction, the appeal cannot be decided by the Settlement Officer of Consolidation. He submitted that matter shall be decided expeditiously in accordance with law. 6. Considering the facts mentioned in the instruction dated 24.4.2025, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2/Settlement Officer of Consolidation, Jaunpur to decide the aforementioned title appeal under Section 11(1) of the U.P. C.H. Act filed at the instance of the private respondent, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 5.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad