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2025 DAILYLAW 63433 (ALL)

KABUTARI SINGH v. STATE OF U.P. AND 3 OTHERS

WRIB/2135/2025 · 2025-05-26

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90373 Court No. - 50 Case :- WRIT - B No. - 2135 of 2025 Petitioner :- Kabutari Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Dinesh Kumar Pandey, learned counsel for petitioner and Sri R.C. Srivastava, learned Additional Chief Standing Counsel for the State. 2. The instant petition has been filed for the following reliefs:- "i) a writ in the nature of Mandamus Commanding to the respondent no. 02/Consolidation Officer, Phoolpur, District Azamgarh to decide the mutation application no. 206 dated 02.07.2024 under Section 12 of U.P.C.H. Act (Kabutari Versus Lilawati @ Lali Devi) Village Ranipur Rajmo, Paragana Nizamabad, Tehsil Menh Nagar, District Azamgarh within a specific period. ii) issue a writ or order or direction which the Hon'ble Court deem just and proper in the interest of the petitioner. iii) To award the writ petition with cost." 3. Learned counsel for petitioner submitted that proceeding under Section 12 of the U.P.C.H. Act initiated at the instance of petitioner is pending before the respondent no. 2-Consolidation Officer since 02.07.2024. He further placed the copy of the order-sheet of the pending proceeding, which is annexed as annexure no. 4 to the instant petition in order to demonstrate that the matter is not proceeding expeditiously. 4. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no. 2-Consolidation Officer, Phoolpur, District-Azamgarh to decide the aforementioned proceeding, after affording proper opportunity of hearing to both the parties expeditiously, preferably within a period of six months from the date of production of a certified copy of the order of this Court. Order Date :- 27.5.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad