Bindra Prasad v. Consolidation Officer (First ) Sader Barabanki Collectorate Campus Barabanki and 8 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5738 of 2023 Petitioner :- Bindra Prasad Respondent :- Consolidation Officer (First ) Sader Barabanki Collectorate Campus Barabanki And 8 Others Counsel for Petitioner :- Mohammad Nauman,Shyam Kishor 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. Present petition has been filed for the direction to opposite party No.1 to decide the Case No.61/21-22 (Ram Achal Vs. Gyadeen ) instituted under Section 9A(2) of Consolidation of Holdings Act, 1953 (In short "Act, 1953"). Considering the fact that the case in issue was remanded back to the Consolidation Officer (First ) Sadar Barabanki, Collectorate Campus, Barabanki vide order dated 22.10.2014 passed by Deputy Director of Consolidation, Barabanki in Revision No. 1037 instituted under Section 48 of U.P. Consolidation of Holdings Act, 1953 and the same is pending consideration till date, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending. Accordingly, present petition is disposed of with direction to respondent No.1-Consolidation Officer (First ) Sader Barabanki Collectorate Campus Barabanki to consider and decide the Case No.61/21-22 (Ram Achal Vs. Gyadeen ) under Section 9A(2) of the Act, 1953, 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 :- 7.11.2023 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench