Ram Surat and 2 Others v. Consolidation Officer, Sadar, Ayodhya and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5398 of 2023 Petitioner :- Ram Surat And 2 Others Respondent :- Consolidation Officer, Sadar, Ayodhya And Others Counsel for Petitioner :- Rohit Upadhyay,Dinesh Chandra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No. 573/2022550423010022 (Kolai Versus Vishwanath and Others), filed under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953, which is pending before the respondent No. 1/Consolidation Officer, Sadar, Faizabad, since 2016. It is submitted that for the reasons beyond control of the petitioner, the case, in issue, has not been decided till date, though, the same is pending since 2016 and on account of pendency of the same, the petitioner are suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to direct the respondent no.1, to decide the pending proceedings within stipulated period of time. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 573/2022550423010022 (Kolai Versus Vishwanath and Others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one year from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 :- 19.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench