Petition under Article 227 seeking expeditious disposal of a restoration application pending before the consolidation authority. The court directed respondent No.2 to decide the application within four months, without examining merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:71836
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 5069 of 2024
Petitioner :- Molhe Respondent :- State Of U.P. Thru. Secy. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Dinesh Kumar,Rahul Yadav Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Jaspreet Singh,J.
Supplementary affidavit filed by learned counsel for the petitioner is taken on record.
Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 and 2 has been accepted by the office of the Chief Standing Counsel. Notice on behalf of respondent No.3 has been accepted by Shri Mohan Singh, learned counsel.
By means of the instant petition, the petitioner seeks expeditious disposal of restoration application dated 17.08.2023 in Case No.206/2002-03, under Section 9A (2) U.P. Consolidation of Holdings Act, "Molhe Vs. State of U.P. and others" pending before respondent No.2.
It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid case has not yet been decided.
Learned standing counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.2 to consider and decide the restoration application dated 17.08.2023 in Case No.206/2002-03, under Section 9A (2) U.P. Consolidation of Holdings Act, "Molhe Vs. State of U.P. and others" as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of four months from the date a certified copy of this order is placed before the Court concerned.
It is made clear that the Court has not examined the case of either of the parties on merits and the respondent No.2 shall decide the aforesaid case of the petitioner strictly in accordance
with law.
With the aforesaid, the petition is disposed of .
Order Date :- 24.10.2024 Ashutosh
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Molhe
State of U.P. Thru. Secy. Revenue Deptt., Lucknow
Respondent No.3
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
