Ram Sunder vs Settlement Officer of… — Writ and Judicial Review | Allahabad HC (2025)

Ram Sunder vs Settlement Officer of… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Settlement Officer of Consolidation, Kumarganj, District Faizabad/Ayodhya to conclude the proceedings of Case No.305/2025, Ram Sunder vs. Tarawati, 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; all questions of merit left open to be decided strictly in accordance with law.

Issue for consideration

Whether the Settlement Officer of Consolidation, Kumarganj, District Faizabad (now Ayodhya) should be directed to decide Case No.305/2025, Ram Sunder vs. Tarawati, under Section 9 Ka (2) of C.H. Act, pending since 2004-05, expeditiously within a stipulated time period.

Ratio / Principle

The petition is disposed of with a direction to respondent No.1/Settlement Officer of Consolidation, Kumarganj, District Faizabad/Ayodhya to conclude the proceedings of Case No.305/2025 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.

Key takeaways

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.ratio¶11

Detailed headnote1 paragraphs

Ram Sunder moved this Court in a petition under Article 227 seeking a direction to the Settlement Officer of Consolidation, Kumarganj, District Faizabad (now Ayodhya) to decide Case No.305/2025 (Ram Sunder vs. Tarawati), under Section 9 Ka (2) of C.H. Act, pending before him since the year 2004-05, expeditiously within a stipulated time period. Taking note of the statement of learned State counsel that the case/objection could not be disposed of within reasonable time and would now be disposed of most expeditiously on merits, and of the long pendency, the High Court disposed of the petition, directing the Settlement Officer of Consolidation to conclude the proceedings 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. The Court expressly made clear that it had not examined the case of either party on merits and that the Authority concerned would be free to decide the matter strictly in accordance with law. Notice to the private respondent(s), if any, was dispensed with.

Neutral Citation No. - 2025:AHC-LKO:29561

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2912 of 2025

Petitioner :- Ram Sunder Respondent :- Settlement Officer Of Consolidation, Kumarganj, Faizabad And 3 Others Counsel for Petitioner :- Himanshu Tiwari,Vedika Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State/opposite party No.1 as well as Shri Mohan Singh, learned Counsel for the Gaon Sabha 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:-

"(i) direct the Settlement Officer of Consolidation, Kumarganj, District Faizabad (now Ayodhya) (opposite party No. 1) to decide the Case No.305/2025, Ram Sunder vs. Tarawati, under Section 9 Ka (2) of C.H. Act, which are pending before him since the year 2004-05, expeditiously, within stipulated time period."

Taking note of the statement of learned State counsel that the case/objection, in issue, could not be disposed of within reasonable time and the same would now be disposed of most expeditiously on merits and also the period of pendency of the case/objection, in issue, the instant petition is disposed of with a direction to the respondent No.1/Settlement Officer of Consolidation, Kumarganj, District Faizabad/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 :- 19.5.2025

ML/-

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