Smt. Deepeshwari Devi Vs Consolidation Officer… — Writ and Judicial Review | Allahabad HC (2024)

Smt. Deepeshwari Devi Vs Consolidation Officer… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to opposite party no.1/Consolidation Officer, Bahraich to decide the pending Computerized Case no. 20225481546051204 under section 9-A U.P.C.H. Act most expeditiously, preferably within six months from the next date fixed, without granting adjournments and proceeding day-to-day, after full opportunity of hearing; the Court expressly did not examine merits.

Issue for consideration

Whether this Court should direct the Consolidation Officer, Bahraich to decide the long-pending Computerized Case no. 20225481546051204 under section 9-A U.P.C.H. Act (Deepeshwari Devi v. Chandrabhal Dutt and others), instituted in 1992 and still undecided despite remand, expeditiously.

Court's answer

The petition is disposed of with a direction to opposite party no.1/Consolidation Officer, Bahraich to consider and decide the pending case in issue, quoted in the prayer clause, most expeditiously, after affording full opportunity of hearing, preferably within six months from the next date fixed.

Ratio / Principle

To conclude the proceedings, the authority concerned shall not grant any adjournment and shall make all endeavour to proceed with the case on a day-to-day basis.

Key takeaways

The Court has not examined the case of either party on merits, and the Authority concerned shall be free to decide the matter strictly in accordance with law.ratio¶11

Detailed headnote1 paragraphs

Matters Under Article 227 No. 252 of 2024 (Neutral Citation 2024:AHC-LKO:5540), High Court of Judicature at Allahabad, Lucknow Bench, decided 19.01.2024 by Saurabh Lavania, J. Smt. Deepeshwari Devi sought a direction to the Consolidation Officer, Bahraich to decide Computerized Case no. 20225481546051204 under section 9-A U.P.C.H. Act (Deepeshwari Devi v. Chandrabhal Dutt and others). Per the record, the case was instituted in 1992 under Section 9A of the U.P. Consolidation and Holdings Act, 1953, decided on 23.12.1999; the appeal under Section 11(1) was allowed on 23.08.2008 with remand to the Consolidation Officer; Revision No. 772/485 under Section 48 was dismissed on 06.01.2009; and the dismissal was affirmed by this Court on 30.01.2009 in Writ Petition No. 44 (Consolidation) of 2009, yet the case remained undecided till date. Notice to private respondents was dispensed with. The petition was disposed of with a direction to the Consolidation Officer to decide the case most expeditiously, preferably within six months from the next date fixed, without granting any adjournment and proceeding day-to-day, after full opportunity of hearing; the Court clarified it had not examined the case on merits and the Authority remains free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:5540

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 252 of 2024 Petitioner :- Smt. Deepeshwari Devi Respondent :- Consolidation Officer, District-Bahraich And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

The present petition has been filed for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct to the Consolidation Officer, Bahraich to decide the Computerized Case no. 20225481546051204, under section- 9-A U.P.C.H. Act, Smt. Deepeshwari Devi Versus Chandrabhal Dutt and others pending before him expeditiously, as early as possible, in the interest of justice."

It appears from the record that the case in issue, quoted in prayer clause, was instituted in the year 1992 under Section 9A of U.P. Consolidation and Holdings Act, 1953 (in short 'Act of 1953') and the same was decided on 23.12.1999 and against this order dated 23.12.1999, an appeal was filed under Section 11(1) of the Act of 1953, which was allowed vide order dated 23.08.2008, whereby the matter was remanded to the Consolidation Officer. Thereafter, a revision bearing Revision No. 772/485 under Section 48 of the Act of 1953 was filed, which was dismissed vide order dated 06.01.2009 and the same was affirmed vide order dated 30.01.2009 passed by this Court in Writ Petition No. 44 (Consolidation) of 2009 and the case filed by the petitioner has not been decided till date.

Considering the facts as stated, particularly the period of pendency of the case, this petition is disposed of with direction to opposite party no.1/Consolidation Officer, Bahraich to consider and decide the pending case in issue, quoted in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, preferably within a period of six months from the next date fixed before it. To conclude the proceedings the authority concerned shall not grant any adjournment and shall make all endeavour to proceed with the case on day to day basis.

It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 19.1.2024

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench