Allahabad High Court
Nisar Ahmad And 2 Others vs Deputy Dirctor Of Consolidation And 2 ... on 5 January, 2021
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - B No. - 1712 of 2020 Petitioner :- Nisar Ahmad And 2 Others Respondent :- Deputy Dirctor Of Consolidation And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Amar Nath Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Ajay Bhanot,J.
Heard Sri Surendera Kumar Chaubey, learned counsel for the petitioners, Sri Bhupendra Kumar Tripathi, learned counsel for respondent No. 3 and learned Standing Counsel.
The following prayer is made in the writ petition:
"i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 to decide the restoration applications dated 13.9.2020 filed by the petitioners (Annexure No. 5 & 6 to the Writ Petition) in Case No. 37 under Rule 109A of the U.P. Consolidation of Holdings Act, Asfaq Vs. State, Village Indara, Paragna Ghosi, Tehsil Sadar, District Mau expeditiously, within stipulated period so fixed by this Hon'ble Court.
ii) Issue a writ order or direction in the nature of mandamus directing the respondents to not to dispossess the petitioners from the land plots in question pursuant to the orders dated 24.9.2008 and 13.8.2020 passed by respondent no. 2.
iii) Issue any other writ order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case.
iv) Award the costs of the writ petition to the petitioner."
Learned counsel for the respondent No. 3 Sri Bhupendra Kumar Tripathi as well as learned Standing Counsel do not object to the aforesaid prayer.
In the light of the preceding discussion matter is remitted to respondent No. 2, Consolidation Officer, Mau.
A writ in the nature of mandamus is issued directing the respondent No. 2 Consolidation Officer, Mau to execute the following directions.
(i) The respondent No. 2 Consolidation Officer, Mau shall decide the restoration application dated 13.9.2020 filed by the petitioners 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 Allahabad alongwith a copy of the representation as aforesaid and supporting documents, if any.
The computer generated copy of such order shall be self attested by the counsel of the party concerned and the 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, Mau shall give opportunity of hearing to all necessary parties including Goan Sabha before passing any final order on the restoration application.
(iii) All parties to the lis before the respondent No. 2, Consolidation Officer, Mau are directed to cooperate in the proceedings before Consolidation Officer, Mau.
It is open to the petitioners to apply for interim protection, if required, or so advised before the competent authority.
The writ petition is disposed of.
Order Date :- 5.1.2021 Nadeem Ahmad