SHYAM SUNDAR v. SETTLEMENT OFFICER OF CONSOLIDATION GORAKHPUR AND 2 OTHERS
WRIB/1775/2026 · 2026-05-06
Chandra Kumar Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1399 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1399 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 1775 of 2026 Court No. - 54 HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned counsel for the petitioner and Mr. Rajesh Kumar Srivastava, learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following reliefs:
"i. issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to decide the Case / Appeal No.0162 of 2025, Computerized Case No.202554053100000162 (Gajendranath Mishra vs. Shyamsundar and others), under Section 11 (1) of U.P.C.H. Act, 1953 within stipulated time fixed by this Hon'ble Court. 2. Issue a writ, order or direction in the nature of mandamus in the interest of justice call for entire record and examined the act and conduct for the purpose of linger up the case is illegal manner by the respondent no.1, otherwise the petitioner shall suffer irreparable loss and injury. "
3. Learned counsel for the petitioner submitted that in the title appeal, the matter was remanded back before Consolidation Officer vide order dated 28.11.2025 to decide the title objection under Section 9-A (2) of U.P.C.H. Act afresh. He further submitted that against the interlocutory order passed by the Consolidation Officer for the evidence of the witness, appeal under Section 11 (1) of U.P.C.H. Act has been again filed and the record of the proceeding has been summoned in appeal, as such, pending appeal should be decided on day today basis. He further submitted that Versus Counsel for Petitioner(s) : Sunil Kumar Tiwari, Vikash Kumar Tiwari Counsel for Respondent(s) : C.S.C. Shyam Sundar .....Petitioner(s) Settlement Officer Of Consolidation Gorakhpur And 2 Others .....Respondent(s)
petitioner is sole opposite party in the aforementioned appeal. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.6 to the petition in order to demonstrate that the case is not proceeding expeditiously. 4.
Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.1/ Settlement Officer of Consolidation, Gorakhpur is directed to decide the aforementioned Appeal No.0162 of 2025, Computerized Case No.202554053100000162 (Gajendranath Mishra vs. Shyamsundar and others), under Section 11 (1) of U.P.C.H. Act, 1953 after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of six weeks from the date of production of certified copy of this order before him. 5. Accordingly, the writ petition is finally disposed of. May 7, 2026 Rameez WRIB No. 1775 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad