Smt. Ramavati Vs Consolidation Officer, Milkipur, Ayodhya and Others — Allahabad HC (2025) — LawSathi Research

Smt. Ramavati Vs Consolidation Officer, Milkipur, Ayodhya and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.1/Consolidation Officer, Milkipur, District Ayodhya to conclude the proceedings of Case No.401/2007 (Computerized Case No.200754042345040401, Ramavati V/s Thakurdei) within a maximum period of six months from the next date fixed in the case, after affording full opportunity of hearing to the parties and without granting unnecessary adjournment to either party; notice to private respondent(s) dispensed with.

Issue for consideration

Whether the Consolidation Officer, Milkipur, District Ayodhya should be directed to decide Case No.401/2007 (Computerized Case No.200754042345040401) under section 12 of the U.P.C.H. Act (Ramavati V/s Thakurdei), Village-Khurawan, Pargana-Paschim Rath, Tehsil-Milkipur, expeditiously within a stipulated period fixed by the Court.

Court's answer

Petition disposed of with a direction to respondent No.1/Consolidation Officer, Milkipur, District Ayodhya to conclude the proceedings of the said case within a maximum period of six months from the next date fixed, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party.

Ratio / Principle

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.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.), MATTERS UNDER ARTICLE 227 No. 2381 of 2025, decided 28.4.2025: Smt. Ramavati v. Consolidation Officer, Milkipur, Ayodhya and Others. Petition under Article 227 seeking a direction to the Consolidation Officer, Milkipur (District Ayodhya) to decide Case No.401/2007, Computerized Case No.200754042345040401, under section 12 of the U.P.C.H. Act (Ramavati V/s Thakurdei), Village-Khurawan, Pargana-Paschim Rath, Tehsil-Milkipur, expeditiously within a stipulated period. Taking note of the statement of learned State counsel that the case could not be disposed of within reasonable time and would now be disposed of within six months on merits, the Court disposed of the petition, directing respondent No.1/Consolidation Officer to conclude the proceedings within a maximum period of six months from the next date fixed, after affording full opportunity of hearing to the parties and without granting unnecessary adjournment to either party. The Court expressly clarified that it had not examined the case of either party on merits and the Authority concerned remains free to decide the matter strictly in accordance with law. Issuance of notice to the private respondent(s), if any, was dispensed with.

Neutral Citation No. - 2025:AHC-LKO:24134

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2381 of 2025 Petitioner :- Smt. Ramavati Respondent :- Consolidation Officer, Milkipur, Ayodhya And Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard Ms. Neetu Mishra, Advocate, holding brief of Shri Ajay Kumar Pandey, learned counsel for the petitioner, Shri Badrish Kumar Tripathi, learned Standing Counsel for the State/opposite party No.1 and perused the record.

In view of order proposed to be passed, issuance of notice to the privaterespondent(s), if any, is hereby dispensed with.

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

"(a). Direct the opposite party no.1 i.e. Consolidation Officer, Milkipur, District - Ayodhya to decide the Case No.401/2007, Computerized Case No.200754042345040401 under section 12 of U.P.C.H. Act, namely Ramavati V/s Thakurdei, relating to Village-Khurawan, Pargana-Paschim Rath, Tehsil-Milkipur, District-Ayodhya expeditiously within a stipulated period as fixed by this Hon'ble court, in the interest of justice."

Taking note of the statement of learned State counsel that the case, in issue, could not be disposed of within reasonable time and the same would now be disposed of within a period of six months on merits, the instant petition is disposed of with a direction to the respondent No.1/Consolidation Officer, Milkipur, District Ayodhya to conclude the proceedings of the case, quoted above in prayer clause, within a maximum period of six months from the next date fixed in the case after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party.

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 :- 28.4.2025 ML/-

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