Rajendra Kumar and Another v. The Consolidation Officer, Amethi and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6235 of 2023 Petitioner :- Rajendra Kumar And Another Respondent :- The Consolidation Officer, Amethi And Others Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the material placed on record. The instant petition under Article 227 of the Constitution of India has been filed with the prayer to direct the opposite party no. 1 for finalizing the proceeding kind of mistake in the Khatauni in respect of title and share of the petitioners, which is also co-tenure holder of the property of Khata no. 191, in respect the objection U/S-9A(2) CH Act, Suit No. 05/22-23 before O.P. No.1 case style-Rajendra Kumar and Another Vs. Suryabhan and others of the petitioners is pending since December, 2022 in shorted stipulated time. Learned counsel appearing for the petitioners submits that the matter pertains to the year 2022, but, even after passing of one year, the proceeding of the case has not been concluded as yet. After arguing at length, learned counsel appearing for the petitioners submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the opposite party no. 1 to decide the matter within the stipulated period of time as may be fixed by this court. Learned State counsel has no objection. Considering aforesaid innocuous prayer, the opposite party no. 1 is directed to decide proceeding of Suit No. 05/22-23, within a period of six months, from the date a certified copy of this order is produced before it, in accordance with law,after affording opportunity of hearing to all the parties concerned, if there is no legal impediment. The aforesaid order is subject to cooperation of the petitioners. It is further provided that the authority concerned shall not grant any unnecessary adjournment to either of the parties. With the aforesaid observation, the instant petition stands disposed of. Order Date :- 14.12.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench