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2025 DAILYLAW 50535 (ALL)

NASRIN RAJIYA v. STATE OF U.P. AND 4 OTHERS

WRIB/1646/2025 · 2025-07-30

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128300 Court No. - 35 Case :- WRIT - B No. - 1646 of 2025 Petitioner :- Nasrin Rajiya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satish Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Satish Kumar Pandey, learned counsel for the petitioner, Sri Pankaj Kumar, learned Standing Counsel representing the State-respondent and perused the record. 2. By means of the present writ petition the petitioner has prayed for the following relief: "I Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to decide the Case No. 15/2023-24 (computerized case no. 1996541595905050030) (Badruduja Vs. State of U.P.) in proceedings under Section 9A(2) of UPCH Act within a short time bound period as may be determined by this Hon'ble Court under the facts and circumstances of the case." 3. The submission of the learned counsel for the petitioner is that the petitioner is the opposite party in the proceeding pending before the Consolidation Officer, Chitbadagaon, Ballia (respondent no. 2) under Section 9A(2) of the Consolidation of Holdings Act, 1953. He further submits that the issues in the said proceedings were framed way back in the year 1995 and the same is still pending for consideration. Several dates were fixed for hearing of the case but for the one reason or the other the proceeding could not be finally concluded till date. 4. Learned Standing Counsel appearing on behalf of the State did not oppose the prayer made by the learned counsel for the petitioner for the early disposal of the case. 5. In view of the nature of the order proposed to be passed, the service of notices upon the private respondent nos. 3 to 5 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 Consolidation Officer, Chitbadagaon, Ballia (respondent no. 2), to conclude the proceedings under Section 9A(2) of the Consolidation of Holdings Act, 1953, strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of six 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 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad