Disposed

Ram Pratap v. Deputy Director of Consolidation, Pratapgarh and Others

Allahabad HC18 Oct 2024WRIB/1009/2024

Case brief

AI extract

What is this about?

Petitioner challenged the rejection of his stay application by the Deputy Director of Consolidation. The Court, dispensing with merits, directed the respondent to dispose of the pending revision on merits expeditiously within six months.

What did the court decide?

Deputy Director of Consolidation directed to decide pending revision within six months on merits.

Ram Pratap vs Deputy Director of Consolidation, Pratapgarh and Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:70296

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Court No. - 19

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Case :- WRIT - B No. - 1009 of 2024

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Petitioner :- Ram Pratap

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Respondent :- Deputy Director Of Consolidation, Pratapgarh And Others Counsel for Petitioner :- Salik Ram Tiwari,Arti Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Anish Kumar Gupta,J.

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Heard Shri Salik Ram Tiwari, learned counsel for the petitioner and Shri Upendra Singh, learned Additional Chief Standing Counsel for the State-respondents.

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The instant petition has been filed with the following main relief:-

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"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 29.8.2024 passed by the opposite party No. 1 in Revision No. 0630 of 2024 "Ram Pratap Versus Sadhna Devi & others" whereby rejected the application for stay which is moved by the petitioner, as contained in Annexure No. 1 to the Writ petition.

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(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to disturb the peaceful possession of the petitioner from the land in question, in the interest of justice."

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Learned counsel for the petitioner submits that though revision has been admitted against the order of Settlement Officer of Consolidation dated 06.08.2024, however, the prayer for stay of the operation of the order dated 06.08.2024 has been rejected by the Deputy Director of Consolidation vide order dated 29.08.2024, against which the instant petition has been filed by the petitioner.

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Learned Additional Chief Standing Counsel has raised a preliminary objection that this petition against the impugned order is not maintainable.

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In view of the aforesaid, learned counsel for the petitioner seeks a direction for expeditious disposal of the revision pending before the Deputy Director of Consolidation.

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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.1- Deputy Director of Consolidation, Pratapgarh to consider and decide the Revision No.0630 of 2024 "Ram Pratap Versus Sadhna Devi & others" as

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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 6 months from the date a certified copy of this order is placed before the Court concerned, if there is no legal impediment.

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It is made clear that the Court has not examined the case of either of the parties on merits and the respondent No.1 shall decide the aforesaid case of the petitioner strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 18.10.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Ram Pratap v. Deputy Director of Consolidation, Pratapgarh and Others

Case brief

What is this about?

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Ram Pratap v. Deputy Director of Consolidation, Pratapgarh and Others

Case brief

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