Allahabad High Court
Roshan Lal vs State Of U P And 2 Others on 17 February, 2021
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - B No. - 353 of 2021 Petitioner :- Roshan Lal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Umesh Kumar Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Ajay Bhanot,J.
Heard Sri Umesh Kumar, learned counsel for the petitioner, learned Standing Counsel for the State-respondent No.1 to 2 and Sri Krishna Kant Singh, learned counsel for the respondent No.3.
The petitioner has made an application under Section 42-A of the Uttar Pradesh Consolidation of Holdings Act, 1953 for corrections in the entries in regard to the disputed parcels of land. It is contended by Sri Umesh Kumar, learned counsel for the petitioner that the plots have been incorrectly recorded as patta. This is a grave injustice to the petitioner.
The only prayer made by Sri Umesh Kumar, learned counsel for the petitioner is that the application under Section 42-A of the Uttar Pradesh Consolidation of Holdings Act, 1953 may be decided within a stipulated period of time.
Sri Krishna Kant Singh, learned counsel for the respondent No.3 and learned Standing Counsel for the State-respondent No.1 and 2 contend that the issue regarding correctness of the revenue entries is a matter of fact which needs to be determined by the competent authority in the first instance. They however in their usual fairness submit that the authorities are an under obligation of law to decide such application within a reasonable period of time.
No useful purpose would be served by keeping this writ petition pending.
In such view of the preceding discussion, the matter is remitted to the respondent no.2-Consolidation Officer, District-Etah.
A writ in the nature of mandamus is issued commanding respondent no.2-Consolidation Officer, District-Etah, to execute the following direction:
I. The respondent no.2-Consolidation Officer, District-Etah, shall decide the application of the petitioner under Section 42-A of the U.P. Consolidation of Holdings Act, 1953, preferably, within a period of three months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad, if needed, after conducting a spot inspection.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
II. The respondent no.2-Consolidation Officer, District-Etah shall notice and hear all necessary parties in the lis pending before it before passing any order.
III. All parties to the lis are directed to cooperate in the proceedings bending before the respondent no.2-Consolidation Officer, District-Etah.
With the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 17.2.2021 Ashish Tripathi