Surya Narayan Tiwari and Another v. Consolidation Officer Gonda and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 4936 of 2022 Petitioner :- Surya Narayan Tiwari And Another Respondent :- Consolidation Officer Gonda And Another Counsel for Petitioner :- Ganga Prasad Mishra,Abhinav Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. The present petition has been filed with the following prayer:- "a. Direct the opposite party no.1 i.e. Consolidation Officer, Sadar, District-Ayodhya to decide the Case No.69/2021-22, under section 52 (2) of U.P.C.H. Act, titled as Surya Narayan Vs. Satya Narayan, pending before the opposite party no.1 relating to Village-Lolpur, Pargana-Nawabganj, Tehsil-Tarabganj, District-Gonda, expeditiously within a stipulated period as fixed by this Hon'ble court, in the interest of justice." 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-Consolidation Officer, Sadar, District-Ayodhya to consider and decide the pending proceedings of Case No. 69/2021-22, 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 date certified copy of this order is placed before the authority concerned. 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 :- 8.11.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench