Allahabad High Court
Mohammad Saeed @ Mohammad Saeed Munshi ... vs Deputy Director Of Consolidation, ... on 16 May, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:33891 Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 2491 of 2023 Petitioner :- Mohammad Saeed @ Mohammad Saeed Munshi Raza Khan Respondent :- Deputy Director Of Consolidation, Pratapgarh And 2 Others Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.
By means of this petition, the petitioner seeks expeditious disposal of Revision No. 928 (Bholi and another vs. Mohd. Saeed), under Section 48(1) of U.P. Consolidation of Holding Act, 1953 pending before the respondent No. 1/Deputy Director of Consolidation, Pratapgarh.
It is submitted that for the reasons beyond control, the aforesaid revision has not yet been decided, though, the same is pending since 1990. In this regard, reference has been made to page No. 21 of this petition. It is stated on account of pendency of the revision, the petitioner, who is aged about 79 yeas, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case.
Learned State counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the Revision No. 928 (Bholi and another vs. Mohd. Saeed) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of six months from the date a certified copy of this order is placed before the Authority concerned, if possible and if there is no other legal impediment in this regard.
The petitioner is directed to file an affidavit of undertaking before the Authority concerned that he would appear on each date fixed in the case and will not take any adjournment before the Authority concerned.
It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 16.5.2023 Arun/-