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2025 DAILYLAW 56181 (ALL)

RAMSWARATH v. STATE OF U.P. AND 4 OTHERS

WRIB/1830/2025 · 2025-05-22

Chandra Kumar Rai

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:87572 Court No. - 50 Case :- WRIT - B No. - 1830 of 2025 Petitioner :- Ramswarath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Maurya Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mohd. Raees Ansari, Advocate holding brief of Mr. Pramod Kumar Maurya, learned counsel for the petitioner and Mr. R.C. Srivastava, learned Additional Chief 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 and directing the respondent no.2, Consolidation Officer- IInd Bhatparrani, District Deoria to conclude and decide the proceeding of case No. 202454052055050008 (Ramswarath Vs. Sukhlal) under Section 9A (2) of the U.P.C.H. Act expeditiously within stipulated period as fixed by this Hon'ble Court, so that justice may be done." 3. Counsel for the petitioner submitted that title objection filed on behalf of the petitioner under Section 9A (2) of the U.P.C.H. Act, 1953 is pending before respondent no.2, Consolidation Officer- IInd Bhatparrani, District Deoria since long. He further placed the order sheet of the pending proceeding in order to demonstrate that matter is not proceeding expeditiously. The record further demonstrate that along with case No. 108, case Nos. 109, 1011, 1012 also clubbed and case No. 108 has been made leading case. 4. Considering the entire facts and circumstances of the case, the petition is disposed of directing the respondent no.2, Consolidation Officer- IInd Bhatparrani, District Deoria to decide the aforementioned case under Section 9A (2) of the U.P.C.H. Act along with consolidated cases expeditiously preferably within period of six months from the date of production of certified copy of this order after framing issues and giving parties to lead evidence in accordance with law. Order Date :- 23.5.2025/Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad