Disposed

Smt. Deepeshwari Devi v. Consolidation Officer, District-Bahraich and 3 Others

Allahabad HC19 Jan 2024A227/252/2024

Case brief

AI extract

What is this about?

Writ petition under Article 227 directed the Consolidation Officer to decide a long-pending land consolidation case expeditiously. The Court dispensed with notice to private respondents and disposed of the petition with a direction to decide the matter within six months.

What did the court decide?

Direction to Consolidation Officer to decide pending case expeditiously within six months.

Smt. Deepeshwari Devi vs Consolidation Officer… — Land Acquisition | Allahabad HC (2024)

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

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Court No. - 7

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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.

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Hon'ble Saurabh Lavania,J.

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Heard.

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

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

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"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."

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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.

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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.

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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.

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With the aforesaid, the petition is disposed of.

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Order Date :- 19.1.2024

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Jyoti/-

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

Smt. Deepeshwari Devi v. Consolidation Officer, District-Bahraich and 3 Others

Case brief

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Smt. Deepeshwari Devi v. Consolidation Officer, District-Bahraich and 3 Others

Case brief

What is this about?

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