Disposed

Ram Sagar and 3 Others v. Settlement Officer Consolidation Distt. Barabanki and 6 Others

Allahabad HC27 Apr 2024/2078/2024

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking a direction to decide a pending appeal within a stipulated time. The petitioner was granted liberty to file an urgency application before the respondent with an expectation of decision within six weeks.

What did the court decide?

Liberty granted to file urgency application before respondent; expectation of decision within six weeks.

Ram Sagar and 3 Others Vs Settlement Officer… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33049

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 2078 of 2024

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Petitioner :- Ram Sagar And 3 Others Respondent :- Settlement OfÏcer Consolidation Distt. Barabanki And 6 Others Counsel for Petitioner :- Ajai Kumar Srivastava,Dinesh Kumar Srivastava,Rajesh Kumar Lodhi Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for petitioner as well as learned State Counsel.

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Learned counsel for petitioner has submitted that the present writ petition has been preferred for issuing direction to respondent no. 1 i.e Settlement OfÏcer of Consolidation, District Barabanki to decide the Appeal No. 288 of 2018, titled as 'Ram Sagar and others versus Khushi Ram and others (whereas the appeal is of the year 2016 and this fact has been disclosed in paragraph-3 of the writ petition) within a stipulated time frame as this Hon'ble Court may deem fit and proper.

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On the other hand, learned State counsel has raised a preliminary objection and has submitted that the petitioner has not filed any urgency application for early disposal of the suit and has directly approached this Court by filing the present writ petition.

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It is further submitted that there is no period provided under the statute for deciding the appeal under Section 11(1) of the Consolidation and Holdings Act, 1953.

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At this stage, learned counsel for petitioner has submitted that the present petition may be disposed of with liberty to the petitioner to move an appropriate application in the case pending before respondent no. 1, who may decide the same within a period fixed by this Court.

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Learned State Counsel has no objection to the prayer made by learned counsel for petitioner.

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On the request of learned counsel for petitioner and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioner to file an urgency application before respondent no. 1 for early disposal of the suit and if any such urgency application is preferred by the petitioner, it is expected that the same shall be decided within a period of six weeks from the date of filing of the application along with certified

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copy of this order, in accordance with law, after providing opportunity of hearing to all the parties concerned.

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Order Date :- 27.4.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Sagar and 3 Others v. Settlement Officer Consolidation Distt. Barabanki and 6 Others

Case brief

What is this about?

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Ram Sagar and 3 Others v. Settlement Officer Consolidation Distt. Barabanki and 6 Others

Case brief

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