Disposed

Ram Asare and Another v. Deputy Director of Consolidation and 7 Others

Allahabad HC15 Mar 2021WRIB/1371/2020

Case brief

AI extract

What is this about?

The court directed the Consolidation Officer of Kirtapur to decide the pending matter on merits within six months upon independent application of mind after hearing the parties. The writ petition was disposed of with this direction following the withdrawal of original relief.

What did the court decide?

Directed the Consolidation Officer to decide the matter on merits within six months upon hearing all parties.

Ram Asare and Another Vs Deputy Director of Consolidation and 7 Others — Allahabad HC (2021) — LawSathi Research

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Court No. - 6

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Case :- WRIT - B No. - 1371 of 2020

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Petitioner :- Ram Asare And Another Respondent :- Deputy Director Of Consolidation And 7 Others Counsel for Petitioner :- Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The learned appellate court/Settlement Officer, Consolidation, Jaunpur while allowing the appeal by the impugned order dated 23.10.2018 has recorded that that the compromise between the parties does not bear the signatures of all the parties and the compromise has not been attested by any counsel. The learned appellate authority/Settlement Officer, Consolidation, Jaunpur has also found that the cause for delay in instituting the appeal was sufficient since the appellants were not noticed on the restoration application and consequently did not have knowledge of the proceedings. After allowing the delay condonation application as well as appeal, the order dated 05.08.2013 passed by the Consolidation Officer, Kirtapur, District-Jaunpur on the foot of a compromise was set aside. Thereupon, the matter was remitted to the Consolidation Officer, Kirtapur, District-Jaunpur with a further direction to decide the matter on merits after hearing both the parties.

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Being aggrieved, the petitioners took the order of appeal passed by the learned appellate authority/Settlement Officer, Consolidation, Jaunpur

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before the learned revising court/Deputy Director of Consolidation, Jaunpur. The learned revising court/Deputy Director of Consolidation, Jaunpur agreed with the findings of all directions issued by the order of the learned appellate authority/Settlement Officer, Consolidation, Jaunpur and confirmed the same, by the impugned order dated 27.01.2020.

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There is no infirmity in the orders passed by the learned courts below. The writ petition is liable to be dismissed.

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Faced with this Sri Rajesh Kumar Shukla, learned counsel for the petitioners does not press the relief sought in the writ petition. He recasts his relief.

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Sri Rajesh Kumar Shukla, learned counsel for the petitioners submits that the Consolidation Officer, Kirtapur, District-Jaunpur may decide the proceedings within a stipulated period of time upon independent application of mind.

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No exception can be taken to the prayer made by the learned counsel for the petitioners.

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The respondent No.3-Consolidation Officer, Kirtapur, District-Jaunpur is directed to decide the matter on merits upon independent application of mind preferably within a period of six months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad.

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The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

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The order shall be passed after hearing all parties to the lis before the respondent No.3-Consolidation Officer, Kirtapur, District-Jaunpur.

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With the aforesaid direction, the writ petition is finally disposed of.

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Order Date :- 15.3.2021 Ashish Tripathi

Ram Asare and Another v. Deputy Director of Consolidation and 7 Others

Case brief

What is this about?

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Ram Asare and Another v. Deputy Director of Consolidation and 7 Others

Case brief

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What did the court decide?

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