SMT. BARUDA AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIB/1747/2025 · 2025-05-19
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50632 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50632 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84017 Court No. - 50 Case :- WRIT - B No. - 1747 of 2025 Petitioner :- Smt. Baruda And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ramesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Ramesh Kumar Yadav, learned counsel for the petitioners and Sri Mridul Kumar, learned standing counsel for the state-respondents.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus, directing the Consolidation Officer, Kasaya, District Kushinagar to decide the case on merits within stipulated period bearing Case No.11-13 (CNR No.202454054465040515), under Section 12 of the U.P. C.H. Act (Smt. Baruda vs. Smt. Lachchhmina) after affording the proper opportunity of hearing of the parties."
3. Counsel for the petitioners states that in appeal against the order passed under Section 12 of the U.P. C.H. Act by the Consolidation Officer, the matter has been remanded back before the Consolidation Officer to decide the proceeding under Section 12 of the U.P. C.H. Act afresh, after affording opportunity of hearing to both the parties. He submitted that matter is still pending before the Consolidation officer, as such, appropriate directions be issued for the expeditious disposal of the pending proceeding under Section 12 of the U.P. C.H. Act within time-bound period. He submitted that the appellate order dated 17.10.2024 has not been challenged in revision, as such, there is no hindrance for issuing direction to the Consolidation Officer to decide the proceeding expeditiously.
4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.3/Consolidation Officer, Kasaya, Kushinagar to decide the proceeding under Section 12 of the U.P. C.H. Act in pursuance of the remand order passed in appeal, 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 :- 20.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad