Raish Ahmad Khan v. Settlement Officer Consolidation, Pratapgarh and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5485 of 2023 Petitioner :- Raish Ahmad Khan Respondent :- Settlement Officer Consolidation, Pratapgarh And Others Counsel for Petitioner :- Lalji Yadav,Balram Yadav,Vishnu Prakash Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. 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 Restoration Application No.1031 filed in Appeal No.616 of 2022 which is preferred under Section 21(2) of the U.P. Consolidation of Holdings Act, 1953 pending before the respondent No.1. Considering the facts of the case as indicated in the present petition as also that the restoration application, in issue, is pending since April, 2023, although, about six months have elapsed, this Court is of the view 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-Settlement Officer of Consolidation, Pratapgarh to consider and decide Restoration Application No.1031 filed in Appeal No.616 of 2022, 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 four months 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 this 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 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench