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2025 DAILYLAW 58594 (ALL)

VIRENDRA KUMAR AND 4 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIB/2010/2025 · 2025-05-26

Chandra Kumar Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89964 Court No. - 50 Case :- WRIT - B No. - 2010 of 2025 Petitioner :- Virendra Kumar And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajnath Ydav Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard counsel for the petitioner and Mr. Pankaj Kumar, learned Standing Counsel for the State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) A writ, order or direction in the nature of certiorari quashing the impugned order dated 19.4.2024 passed by respondent no.2 in case No. 1005 of 2023, computerized case No. 202354024269051005 (State Vs. Baijnath and Others), under Section 9A of U.P.C.H. Act. (ii) A writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the case No. 1005 of 2023, Computerized case No. 202354024269051005 (State Vs. Baijnath and others) under Section 9A of U.P.C.H. Act, expeditiously within an stipulated period as fixed by this Hon'ble Court." 3. Counsel for the petitioners submitted that proceeding under Section 9A (1) of the U.P. Consolidation of Holdings Act, 1953 initiated at the instance of respondent nos. 3 to 6 is pending before respondent no.2, Consolidation Officer, Chail, Kaushambi since 10.3.2023. He further submitted that interim order dated 19.4.2024 has been passed by Consolidation Officer in arbitrary manner. He submitted that order dated 19.4.2025 passed by Consolidation Officer should be set aside and pending proceeding should be decided in accordance with law expeditiously. 4. Considering the entire facts and circumstances of the case without expressing any opinion on the merit of the proceeding, the instant petition is finally disposed of directing the respondent no.2, Consolidation Officer, Chail, Kaushambi to decide the aforementioned proceeding expeditiously preferably within period of four months from the date of production of certified copy of this order after affording opportunity of hearing to both the parties. Order Date :- 27.5.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad