Umakant v. Settlement Officer of Consolidation, Sultanpur and 8 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5038 of 2023 Petitioner :- Umakant Respondent :- Settlement Officer Of Consolidation, Sultanpur And 8 Others Counsel for Petitioner :- Sudhir Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. The present petition has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. Settlement Officer of Consolidation, Sultanpur to expeditiously decide the Appeal No.147 (Umakant Versus Jagdamba Prasad & Others) under Section 109-A(3) of Consolidation of Holdings Act, pending in the court of opposite party No.1 since 15.9.2021, in accordance with law within time stipulated by this Hon'ble Court." It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. 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.1 i.e. Settlement Officer of Consolidation, Sultanpur to consider and decide the Appeal No.147 (Umakant Versus Jagdamba Prasad & Others), 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 six months from the next date fixed in the case, if there is no other legal impediment. 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 :- 10.10.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench