Allahabad High Court
KRISHNA DEV (SINCE DECEASED) AND ANOTHERversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court directed the Consolidation Officer to decide the pending case within ten months and disposed of the writ petition without addressing its merits.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Consolidation Officer of Kirtapur, Jaunpur, to decide the pending case Rest/312 (Ramkesh Vs. Phoolpatti) under Section 9A(2) of the U.P. Consolidation of Holdings Act, 1953 within a reasonable time. The standing counsel for the State raised no objection to such a direction. The High Court, after hearing counsel, observed that there was no merit in keeping the matter pending and ordered the Consolidation Officer to decide the case expeditiously, preferably within ten months of the certified copy of the order, after hearing the parties and without unnecessary adjournments. The Court disposed of the writ petition without commenting on the merits of the underlying case, issuing only the procedural direction. The order was signed by Justice Dinesh Pathak.
Issues considered
- Whether the High Court can issue a mandamus directing the Consolidation Officer to decide a pending case under Section 9A(2) of the U.P. Consolidation of Holdings Act, 1953 within a stipulated period.
Legislation cited
- U.P. Consolidation of Holdings Act, 1953 — s. 9A(2)
Subjects
- mandamus
- writ petition
- consolidation of holdings
- U.P. Consolidation of Holdings Act
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1144 of 2026
Krishna Dev (Since Deceased) And
Another .....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kailash Nath Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 54
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioners, learned Standing
Counsel and perused the record.
2. The instant writ petition has been filed, inter alia seeking the
following reliefs:-
"Issue a writ, order or direction in the nature of mandamus
commanding and directing the respondent no.2-Consolidation
Officer, Kirtapur, District Jaunpur to decide the Case No.
Rest/312 (Ramkesh Vs. Phoolpatti) under Section 9A(2) of the
the U.P. Consolidation of Holdings Act, 1953 situated at Village
Kuchmuch, Pargana Saremu, Tehsil Sadar, District Jaunpur
within stipulated period of time as prescribed by this Hon'ble
Court."
3. Learned Standing Counsel submits that he has no objection, if
a direction is issued to decide the aforesaid case, expeditiously.
4. In this conspectus as above, no useful purpose would be served
to keep this matter pending, therefore, this Court deems it
appropriate to finally dispose of the present writ petition, without
making any observation on the merits of the case, as mentioned in
the writ petition, with a direction to Consolidation Officer,
Kirtapur, District Jaunpur (Respondent no.2) to decide the
aforesaid case strictly in accordance with law, by means of a
WRIB No. 1144 of 2026
2
reasoned and speaking order, after affording opportunity of
hearing to the parties concerned and without granting any
unnecessary adjournments to either of the parties expeditiously,
preferably, within a period of ten months from the date of
production of certified copy of this order.
5. With the aforesaid direction, this petition is finally disposed
of.
March 19, 2026
Neetu
(Dinesh Pathak,J.)
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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