Kanchan Tiwari Vs Deputy Director of… — Writ and Judicial Review | Allahabad HC (2025)

Kanchan Tiwari Vs Deputy Director of… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Deputy Director of Consolidation, Gonda to decide Case No.0276/2024 (Computerized Case No. T2024540830000002, Kanchan Tiwari v. Sandeep Kumar and others) most expeditiously, within six months, with full opportunity of hearing to both sides and without unnecessary adjournments, if there is no other legal impediment; merits expressly left untouched.

Issue for consideration

Whether the Deputy Director of Consolidation, Gonda should be directed to decide Consolidation Suit No.0276/2024 (Computerized Case No. T2024540830000002), Kanchan Tiwari v. Sandeep Kumar and others, expeditiously in a time-bound manner.

Court's answer

The petition is disposed of with a direction to the Deputy Director of Consolidation, Gonda to decide Case No.0276/2024 (Computerized Case No. T2024540830000002, Kanchan Tiwari v. Sandeep Kumar and others).

Ratio / Principle

The case is to be decided most expeditiously, say within a period of six months, after affording full opportunity of hearing to the parties and without granting unnecessary adjournment to either party.

Key takeaways

The High Court has not examined the case of either party on merits, and the Authority concerned remains free to decide the matter strictly in accordance with law, subject to there being no other legal impediment.ratio¶10

Detailed headnote1 paragraphs

Article 227 matter (Lucknow Bench, Allahabad High Court; Saurabh Lavania, J.; decided 25.4.2025): Petitioner Kanchan Tiwari sought a time-bound decision of her pending consolidation Suit No.0276/2024 (Computerized Case No. T2024540830000002) against Sandeep Kumar and others before the Deputy Director of Consolidation, Gonda. Issuing notice to the private respondent was dispensed with, and the petition was disposed of with a direction to the Deputy Director of Consolidation, Gonda to decide the case most expeditiously, say within six months, affording full opportunity of hearing and without unnecessary adjournments, provided there is no other legal impediment. The Court expressly recorded that it had not examined the merits of either party's case and that the Authority remains free to decide strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:23868

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2352 of 2025 Petitioner :- Kanchan Tiwari Respondent :- Deputy Director Of Consolidation Gonda And 3 Others Counsel for Petitioner :- Vayu Nandan Mishra Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record.

In view of order proposed to be passed, issuance of notice to the privaterespondent is hereby dispensed with.

The instant petition has been preferred seeking following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be Pleased to Direct O.P. NO. 1 learned Deputy Director of Consolidation Gonda/Concerned Court to Decide the Suit No.0276/2024 in Computerized case No.T2024540830000002 Kanchan Tiwari V/S Sandeep Kumar and others Situated at Village- Madhauganj, (Prasadipurwa) Pargana, Tehsil and District - Gonda pending before him to expeditiously decide in time bound manner Contained as Annexure No.1 to this petition."

Taking note of the facts and circumstances of the case and the period of pendency of the case in issue, this petition is disposed of with a direction to the Deputy Director of Consolidation, Gonda to decide the Case No.0276/2024 in Computerized Case No. T2024540830000002 (Kanchan Tiwari V/S Sandeep Kumar and others) most expeditiously, say within a period of six months, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party, if there is no other legal impediment in this regard.

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.

With the aforesaid, the petition is disposed of.

Order Date :- 25.4.2025 ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench