Surendra Vikram Singh and Others v. Consolidation Officer, Tehsil Sadar, Faizabad and Others

Court No. -18 Case :-MATTERS UNDER ARTICLE 227 No. -5977 of 2023 Petitioner :-Surendra Vikram Singh And Others Respondent :-Consolidation Officer, Tehsil Sadar, Faizabad And Others Counsel for Petitioner :-Ganesh Dutt Singh Counsel for Respondent :-C.S.C.,Mohan Singh Hon'ble Shree Prakash Singh,J. Heard Sri Ganesh Dutt Singh, learned counsel for the petitioners, Sri Hemant Pandey, learned Standing Counsel for the State and perused the record. The instant petition has been filed with the following relief:-

(1) To issue a order or direction of the opposite party no 1 to decide the case No. 508/2019 (old Case No.668/2019) which is consolidated with case no.503/2019 (Old Case No.634/2019) vide order dated 24.09.2021 by the Consolidation Officer, filed under section 9 A (2) of Consolidation of Holding Act, Surendra Vikram Singh and others Vs Girja Shankar Singh & others, for partition of the property according his share of Khata no.41 and Khata no. 202 situated in Village-charera, Pargana-Haveli Awadh, Tehsil Sadar, District-Ayodhya (Faizabad) which is pending since 25.03.2019 before the opposite party no 1 as possible in the interest of justice.

(2) To issue a order or direction in the appropriate nature which this Hon'ble court may deem fit and proper in the interest of justice.

(3) To allow the writ petition with cost. The learned counsel appearing for the petitioners submits that the matter is pending since 2019 and the same has still not been decided. He added that the interest of justice would sub-served if this Hon'ble Court would be pleased to direct the opposite party no. 1 to decide the case No. 508/2019 (old Case No.668/2019) which is consolidated with case no.503/2019 (Old Case No.634/2019), under section 9 A (2) of Consolidation of Holding Act, Village-charera, Pargana-Haveli Awadh, Tehsil Sadar, District-Ayodhya (Faizabad) within a stipulated period of time as may be fixed by this Court. The learned Standing Counsel has no objection to the contention aforesaid. In view of the aforesaid innocuous prayer, the Consolidation Officer, Tehsil-Sadar, District-Ayodhya (Faizabad) is hereby directed to decide the aforesaid case within a period of six months, from the date of certified copy is produced before it, in accordance with law, after affording opportunity of hearing to all the parties, if there is no legal impediment. The aforesaid order is subject to cooperation of the petitioners. Accordingly, the instant petition is disposed of. Order Date :- 28.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench