Allahabad High Court
Smt. Kanti Singh vs Deputy Director Of ... on 17 March, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1266 of 2023
Petitioner :- Smt. Kanti Singh
Respondent :- Deputy Director Of Consolidation, Gonda And Others
Counsel for Petitioner :- Ravindra Singh
Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner, Sri Hemant Kumar Pandey, leaned State counsel representing the respondent No. 1 and Sri Pankaj Gupta, learned counsel representing the respondent No. 5/Land Management Committee concerned.
In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.
By means of this petition, the petitioner seeks expeditious disposal of application dated 07.02.2023 preferred by the petitioner in Revision No. CV2022530830000002 (Raj Karan Singh vs. Sheetla Baksh Singh and others), under Section 48 of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") pending before the respondent No. 1/Deputy Director of Consolidation, Gonda.
At the very outset, Sri Hemant Kumar Pandey, leaned State counsel representing the respondent No. 1 and Sri Pankaj Gupta, learned counsel representing the respondent No. 5/Land Management Committee concerned stated that the present petition filed seeking a direction for expeditious disposal of the application dated 07.02.2023, annexed as Annexure No. 1 to this petition, preferred by the petitioner in Revision No. CV2022530830000002 (Raj Karan Singh vs. Sheetla Baksh Singh and others), which was filed under Section 48 of the Act of 1953 by the respondent No. 2/Raj Karan Singh, itself is not maintainable in view of law laid down by a co-ordinate Bench of this Court vide order dated 21.08.2017 passed in Consolidation No. 18997 of 2017 (Satgur Deen and others vs. Deputy Director of Consolidation and others).
They also stated that the petitioner has approached this Court seeking a direction to decide the application dated 07.02.2023 at an early stage of proceedings, as the application itself was preferred by the petitioner, as appears from record, on 07.02.2023. As such, the present petition for the main relief sought, at this stage, is not maintainable. In this regard, reliance has been placed on the judgments passed by the Division Bench of this Court in the cases of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors. 2015 (109) ALR 513. Learned counsels say that in these circumstances, no indulgence is called for by this Court in the matter.
From the record, it appears that the abovenoted application was filed only on 07.02.2023 and the petitioner has rushed to this Court seeking a direction for expeditious disposal of the same.
After considering the case of the petitioner in the light of the parameters laid down by this Court in the cases of Satgur Deen (supra), Km. Shobha Bose (Supra) and Ali Shad Usmani (supra), this Court is of the view that no direction, at this stage, can be issued to the Authority concerned to decide the above mentioned application within the certain time frame.
In view of above, the relief, as prayed for in this petition, cannot be granted at this stage. As such, the present petition is disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings of the pending case/revision before the Authority/Court concerned and in case, such an application is moved, then the Authority/Court concerned shall pass appropriate orders on the same within reasonable time in accordance with law.
It is made clear that the Court has not examined the case of either party on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 17.3.2023
Arun/-
