Mangal Vs Deputy Director of Consolidation Gonda… — Writ and Judicial Review | Allahabad HC (2024)

Mangal Vs Deputy Director of Consolidation Gonda… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an urgency application for early disposal of the interim relief application filed along with the revision; respondent no. 1 expected to decide such urgency application expeditiously in accordance with law after hearing the parties and without unnecessary adjournments. Prayer no. (i) permitted to be withdrawn as not pressed; prayer no. (ii) not pressed.

Issue for consideration

Whether a direction should issue to respondent no. 1/Deputy Director of Consolidation, Gonda to take a decision on the interim relief application dated 03.08.2017 filed by the petitioner along with the revision. +1 more

Ratio / Principle

Without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the interim relief application filed along with the revision pending before respondent no. 1.

Key takeaways

If such an urgency application is preferred, respondent no. 1 is expected to decide it, looking into the urgency mentioned therein, expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.ratio¶16
On the request of learned counsel for the petitioner, the prayer of the petitioner for withdrawal of prayer no. (i) is dismissed as not pressed and such withdrawal is allowed.ratio¶10

Detailed headnote1 paragraphs

Matters Under Article 227 No. 2755 of 2024, Mangal v. Deputy Director of Consolidation, Gonda and others (High Court of Judicature at Allahabad, Lucknow Bench, Hon'ble Manish Kumar, J., order dated 31.5.2024). The petitioner sought a direction to the Deputy Director of Consolidation, Gonda (respondent no. 1) to decide his interim relief application dated 03.08.2017 filed along with Revision No. 2017530830000002 ('Amar Bahadur and Ors. vs. Shriram and Ors.') under Section 48 of the U.P. Consolidation of Holdings Act, 1953, pending since 03.08.2017; prayer no. (ii) had sought that Case/Objection No. 153 pending before the Consolidation Officer (New), Gonda not proceed till disposal of the revision. Counsel did not press prayer no. (ii); prayer no. (i) was permitted to be withdrawn as not pressed. Without entering into the merits, the Court disposed of the writ petition with liberty to the petitioner to move an urgency application for early disposal of the interim relief application, expecting respondent no. 1 to decide such urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties and without unnecessary adjournments.

Neutral Citation No. - 2024:AHC-LKO:41956

Court No. - 18

Case :- MATTERS UNDER ARTICLE 227 No. - 2755 of 2024

Petitioner :- Mangal Respondent :- Deputy Director Of Consolidation Gonda And Others

Counsel for Petitioner :- Ashutosh Misra,Ajay Kumar Tripathi Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,Ayodhya Prasad Singh,Savitri Arya

Hon'ble Manish Kumar,J.

Heard.

Learned counsel for the petitioner has submitted that the petitioner does not want to press prayer no. (ii) made in the present writ petition and the same may be dismissed as not pressed. Prayer no. (ii) is being quoted hereinbelow:-

"ii) Issue the direction to learned Consolidation OfÏcer (New) Gonda i.e. O.P. No. 2 to not proceeded the further in case/Objection No. 153 which is pending before him till the disposal of the revision by the O.P. No. 1 (Contained as Annexure No. 6) in the interest of justice."

On the request of learned counsel for the petitioner, the prayer of the petitioner for withdrawal of the prayer no. (i) as dismissed as not pressed is hereby allowed.

Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing direction to the respondent no. 1/Deputy Director of Consolidation Gonda to take a decision on the interim relief application dated 03.08.2017 filed by the petitioner along with the revision bearing no. 2017530830000002, titled as 'Amar Bahadur and Ors. vs. Shriram and Ors.', filed under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'the Act, 1953').

On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the interim relief application filed alongwith the revision, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

At this stage, learned counsel for the petitioner has submitted that present writ petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the interim relief application before the Court concerned and if any such

application is preferred by the petitioner the same may be decided by the respondent no.2 within the stipulated time as this Court may fix.

Learned Standing Counsel and Sri Ashok Kumar Singh, who has put in appearance on behalf of Caveators/respondent nos. 3 to 8 have no objection to the prayer made by learned counsel for the petitioner.

On the request of learned counsel for the petitioner and without entering into the merit of the case, the present writ petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of interim relief application filed alongwith the aforesaid revision, which is pending since 03.08.2017 before the respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

Order Date :- 31.5.2024 Nitesh

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench