Allahabad High Court
Raghvendra Kumar Sharma vs Settlement Officer Consolidation And 3 ... on 26 August, 2020
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - B No. - 968 of 2020 Petitioner :- Raghvendra Kumar Sharma Respondent :- Settlement Officer Consolidation And 3 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
Heard counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent no. 1.
Issue notice to the respondent nos. 2 to 4 by the Registered post A.D. This writ petition has been preferred by the petitioner with the prayer to issue a mandamus directing the Settlement Officer of Consolidation, Mathura/respondent no. 1 to decide the petitioner's interim stay application filed in appeal no. 192 of 2018 (being No. 138 of 2019) filed by the petitioner and others.
It is argued by the counsel for the petitioner that the respondent no. 1 is not passing any order on the stay application filed by the petitioner in the aforesaid appeal due to the reason that an order was passed by the Coordinate Bench of this Court on 26.08.2019 in Writ-B No. 2106 of 2019 (Ram Babu And 5 Others vs. Consolidation Commissioner And 3 Others), copy of the order is appended as Annexure-5 to the writ petition. The order dated 26.08.2019 is reproduced hereinbelow :-
"The present writ petition has been filed against the order dated 30.7.2019 passed by the Additional Consolidation Commissioner U.P in Transfer Application No.605/2019 (Vishal Kumar versus Bhuri Singh and others).
The grievance of the petitioners is that previously a transfer application filed on the same grounds by the brother of respondent no.4 had been dismissed by the Consolidation Commissioner vide his order dated 5.3.2009 and further the order dated 30.7.2019 is a non speaking order and has been mechanically passed without any application of mind by the Additional Consolidation Commissioner U.P Lucknow.
The matter requires consideration.
Issue notice by registered post with acknowledgement due to the respondent no. 3 & 4 for which steps shall be taken by the petitioners within ten days from today.
In case, steps as aforesaid are taken by the petitioners, the office shall issue notice to the respondent fixing any date in the second week of November 2019 by which date the respondents may file their counter affidavit. Petitioners shall have four weeks thereafter to file their rejoinder affidavit.
List after expiry of the aforesaid period.
On failure of the petitioners to take steps as aforesaid, the case shall be listed after ten days under Chapter 12 Rule IV of the Allahabad High Court Rules, 1952.
Meanwhile, further proceedings before the Settlement Officer of Consolidation, Firozabad in pursuance to the order dated 30.7.2019 passed by the Additional Consolidation Commissioner, U.P Lucknow shall remain stayed."
From perusal of the same, it is clear that further proceedings before the Settlement Officer of Consolidation, Firozabad, pursuant to the order dated 30.7.2019 passed by the Additional Consolidation Commissioner, U.P. was stayed. The proceedings were initiated due to the transfer application filed before him.
Heard counsel for the parties and perused the record.
In the facts and circumstances of the case, the respondent no. 1 was not restrained by this Court for passing any order on the stay application filed by the petitioner.
With the consent of counsel for the parties, the present writ petition is disposed of finally, directing the respondent no. 1/Settlement Officer of Consolidation, Mathura to pass appropriate orders strictly in accordance with law on merits on the stay application filed by the petitioner in Appeal No. 192 of 2018, copy of which is appended as Annexure-6 to the writ petition as expeditiously as possible within a period of two months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad.
Order Date :- 26.8.2020 Swati