Allahabad High Court
Biraju vs The State Of U.P. Thru. Collector, ... on 7 February, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - B No. - 96 of 2023
Petitioner :- Biraju
Respondent :- The State Of U.P. Thru. Collector, Ambedkar Nagar And Another
Counsel for Petitioner :- Amitesh Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard learned Counsel for the petitioners Shri Dilip Kumar Pandey, learned Counsel for the respondent-Gaon Sabha., Shri Dr. Krishna Singh, learned Counsel appearing for the State.
By means of the present petition, the petitioners have sought the following main reliefs:-
"I. A writ, order or direction in the nature of "Mandamus" commanding the Consolidation Officer, Akbarpur, District Ambedkar Nagar (Opposite Party no. 2) to decide the application under section 42-A of U.P. Consolidation of Holdings Act, 1953 Biraju versus State of U.P. as well as decide the interim relief application dated 17.07.2021 pending since 17.07.2021 within stipulated time fix by this Hon'ble Court during the pendency of the present petition.
II. Order or any direction to Opposite party no. 1 to not interfere in the peaceful possession in the land of the petitioner and to restrain the construction regarding Jal Jeevan Mission Scheme over the land in question bearing gata no. Gata No. 1946/0.541 hectare situated at village-Sikrohar, Tehsil-Akbarpur, District-Ambedkar Nagar."
It is stated by learned Counsel for the petitioner that the petitioner preferred an application dated 17.07.2021 under Section 42-A of U.P. Consolidation of Holdings Act, 1953 for correction of record, which has not been disposed of till date.
Dr. Krishna Singh, learned State Counsel stated that the application in relation which the present petition has been filed, itself is not maintainable in view of the fact that the notification under Section 52 of the Act was published way back. On this aspect, he has placed reliance on the judgment of this Court passed in Consolidation No. 763 of 2005 ( Sripal and two others Versus D.D.C., Raebareli and Others) decided on 04.08.2017.
In response thereof, learned Counsel for the petitioner stated that the present petition has been preferred with limited prayer of disposal of the pending application and the concerned authority would take note of all the pleas including the maintainability of the application in issue. As such, learned Counsel for the petitioner states that authority may kindly be directed to dispose of the application in issue, at the earliest.
Learned standing counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.2- Consolidation Officer, Akbarpur, District Ambedkar Nagar to consider and decide the pending application dated 17.07.202,1 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 fifteen days 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 :- 7.2.2023
Jyoti/-
