Disposed

Babu Khan v. Settlement Officer Consolidation, Amethi and Others

Allahabad HC17 Oct 2024A227/4866/2024

Case brief

AI extract

What is this about?

This matter under Article 227 sought expeditious disposal of a pending appeal under the UP Consolidation of Holdings Act. The Court disposed of the petition without merits, directing the Settlement Officer to conclude the appeal within six months to prevent further delay.

What did the court decide?

Petition disposed without merits; directed Settlement Officer to decide the pending appeal within six months.

Babu Khan vs Settlement Officer… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69839

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4866 of 2024

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Petitioner :- Babu Khan

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Respondent :- Settlement Officer Consolidation, Amethi And Others Counsel for Petitioner :- Chandra Bhanu Singh Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Chandra Bhanu Singh, learned counsel for the petitioner, Sri Mohan Singh, learned counsel for the opposite party no.3/Gaon Sabha and Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State.

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2. The instant application has been filed seeking expeditious disposal of Appeal No. 539/TB of 2024, under Section 11(1) of the Uttar Pradesh Consolidation of Holdings Act (Babu Khan vs. Mohd. Haneef & Another) in respect of Khasra Nos. 1013, 553 & 554 situated at Belwa Hasanpur, Pargana- Mohanganj, Tehsil- Tiloi, District- Amethi, pending since 30.11.2022, within a stipulated period of time.

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3. Learned counsel for the petitioners submits that against the order dated 03.11.1994, passed by the Consolidation Officer. The petitioner herein has filed an appeal under Section 11 (1) of the U.P. Consolidation of Holding Act, which is pending for adjudication since 13.11.2022. Despite service and presence of the other side, the matter is not proceeding further. In view thereof, learned counsel for the petitioners seeks a direction for expeditious disposal for the said petition.

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4. Learned Standing Counsel for the State does not oppose the prayer made by learned counsel for the petitioner.

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5. Looking at the facts and circumstances and the prayer made by learned counsel for the petitioner, this Court does not deem it appropriate to issue notice to the private respondent and keep the matter pending here, which will further delay the proceedings of the aforesaid case.

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6. In view thereof, the instant petition is disposed of without adverting to the merits of the case with a direction to the Settlement Officer Consolidation, Amethi/respondent no.1 to proceed in the matter expeditiously and make an endeavour to

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decide the said appeal filed by the petitioner preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 17.10.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad, Lucknow Bench

Babu Khan v. Settlement Officer Consolidation, Amethi and Others

Case brief

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Babu Khan v. Settlement Officer Consolidation, Amethi and Others

Case brief

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