Smt. Savitri Devi vs Deputy Director Of Consolidation ...
2021 Latest Caselaw 183 ALL

Citation : 2021 Latest Caselaw 183 ALL
Judgement Date : 5 January, 2021

Allahabad High Court

Smt. Savitri Devi vs Deputy Director Of Consolidation ... on 5 January, 2021

Bench: Ajay Bhanot




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - B No. - 1705 of 2020
 

 
Petitioner :- Smt. Savitri Devi
 
Respondent :- Deputy Director Of Consolidation And 4 Others
 
Counsel for Petitioner :- Pradeep Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Heard Sri Pradeep Kumar, learned counsel for the petitioner and learned Standing Counsel.

The only prayer made by Sri Pradeep Kumar, learned counsel for the petitioner is that the Revision No. 37 of 2020 (Savitri Devi Vs. Hamid) under Section 48 of the consolidation of Holdings Act, 1953 be decided within stipulated period of time.

It is contended that the revision was instituted in the year 1995. A fresh number was allotted in the year 2020. Revision has been pending for the past 25 years for no good reason.

Learned Standing Counsel could not dispute the fact that final decision in the revision has been inordinately delayed.

In the light of the submissions made by the learned counsel for the parties, this Court finds that the revision has been pending for more than 25 years without good cause. The learned revisional court is under statutory obligation to decide revision in accordance with law and in an expeditious time frame.

The matter is remitted to the respondent No. 1 Deputy Director of Consolidation, Gorakhpur.

A writ in the nature of mandamus is issued commanding the respondent No. 1 Deputy Director of Consolidation, Gorakhpur to execute the following directions:

(i) The respondent No. 1 Deputy Director of Consolidation, Gorakhpur shall decide the revision within a period of six months from the date of receipt of copy of this order.

(ii) The respondent No. 1 Deputy Director of Consolidation, Gorakhpur shall hear all parties in the lis before it before passing final judgment.

(iii) All parties to the lis pending before the respondent no. 1/Deputy Director of Consolidation, Gorakhpur are directed to cooperate in the proceedings.

(iv) The respondent No. 1 Deputy Director of Consolidation, Gorakhpur shall, if necessary, proceed with the hearing on day to day basis to ensure that the above stipulated time line of six months is strictly adhered to.

The writ petition is disposed of.

Order Date :- 5.1.2021

Nadeem Ahmad