Application to decide a pending restoration application under the Consolidation of Holdings Act was dismissed as incompetent due to non-joinder of the named applicant and in light of the fact the application had already been decided.
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Court No. - 6
Case :- WRIT - B No. - 542 of 2021
Petitioner :- Nageena Prasad Kushwaha Respondent :- State of U.P. and Another Counsel for Petitioner :- A.P. Singh Counsel for Respondent :- C.S.C.,Yashwant Pratap Singh
Hon'ble Ajay Bhanot,J.
Sri Yashwant Pratap Singh, learned counsel has entered appearance on behalf of the caveator-Madhuri, who was the applicant before the learned courts below.
Heard Sri A.P. Singh, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Yashwant Pratap Singh, learned counsel for the caveator through video conferencing mode.
The petitioner has sought for the following prayer in this writ petition:
"To issue a writ, order or direction in the nature of mandamus commanding /directing respondent No.2/Consolidation Officer, Kasia, Kushinagar to decide the restoration application vide restoration application no.75 (Madhuri Vs. Mohar) under Section 12 of the Consolidation of Holdings Act dated 17.05.2019, pending before him within stipulated time and period as may be fixed by this Hon'ble Court."
Sri Yashwant Pratap Singh, learned counsel for the caveator submits that the writ petition is incompetent for non-joinder of necessary parties. Madhuri was the applicant in the restoration application and has not been arrayed as a party in this writ petition. He further submits that the restoration application filed by
Madhuri has been decided by the Consolidation Officer, Kasiya, District-Kushinagar.
The order dated 05.07.2019 passed by the Consolidation Officer, Kasiya, District-Kushinagar records that the restoration application of the said Madhuri was allowed by the order dated 04.07.2019.
Faced with this, Sri A.P. Singh, learned counsel for the petitioner does not press the writ petition.
The writ petition is dismissed.
Order Date :- 30.6.2021 Ashish Tripathi
nageena prasad kushwaha
state of u.p.
ajay bhanot
As recorded by the court registry
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