Allahabad High Court
Farid vs State Of U.P. Thru. Addl. Chief Secy. ... on 15 March, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 1217 of 2023 Petitioner :- Farid Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Chandra Bhanu Sharma,Suneel Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.
By means of the instant petition, the petitioner seeks expeditious disposal of restoration application preferred by him in relation to case filed under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 titled as 'Mohd. Shabbir and others vs. Mohd. Syed and others', which is pending before the respondent No. 2/Consolidation Officer, Tehsil Rudauli, District Ayodhya since 13.01.2014.
The submission of learned counsel for the petitioner is that an application dated 13.01.2014 was preferred before the respondent No. 2 on 16.01.2014 for recall of the order(s) dated 03.10.2009, 08.10.2009 and 28.11.2013, which has not been disposed of till date and on account of pendency of the said application, the petitioner is suffering great hardship. It is also submitted that though a large number of dates have been fixed in the case, however, for the reasons beyond control, the same has not yet been decided. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case.
Learned standing 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 opinion 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.2 to consider and decide the proceedings ofrestoration application preferred by the petitioner in relation to case filed under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of four months from the date a certified copy of this order is placed before the Authority concerned.
It is made clear that the Court has not examined the case of either of the parties 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 :- 15.3.2023 Arun/-