Allahabad High Court
DILIP KUMARversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court directed the Settlement Consolidation Officer, Varanasi to decide the pending case within four months and disposed of the writ petition.
Summary
Petitioner Dilip Kumar filed a writ petition seeking a mandamus directing the Settlement Consolidation Officer, Varanasi (Respondent No.2) to decide case No. 1473/2025, filed under Section 109‑Ka(3) of the Uttar Pradesh Cooperative Housing (U.P.C.H.) Act, 1954, within a stipulated period. The petitioner argued that the case was being unduly delayed and requested the court’s intervention to expedite the decision. The standing counsel for the petitioner raised no objection to the issuance of such a direction. The High Court, after hearing counsel, declined to comment on the merits of the underlying case but ordered the Settlement Consolidation Officer to pass a reasoned order within four months of the certified copy of the judgment, without unnecessary adjournments. The writ petition was consequently disposed of.
Issues considered
- What is the appropriate judicial remedy, if any, to compel the Settlement Consolidation Officer to decide the pending case under Section 109‑Ka(3) of the U.P. C.H. Act, 1954 expeditiously?
Legislation cited
- Uttar Pradesh Cooperative Housing Act, 1954 — s. 109-Ka(3)
Subjects
- writ petition
- mandamus
- expeditious disposal
- Settlement Consolidation Officer
- U.P. Cooperative Housing Act
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1146 of 2026
Dilip Kumar
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 54
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, 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
directing the respondent no.2- to decide/expedite the Case No.
1473/2025 (Computer Case No. 202554147000001473 Dilip
Versus Sripat and others under Section 109-Ka(3) of the
U.P.C.H. Act, 1954 pending before him (Settlement
Consolidation Officer Varanasi, within stipulated period as fix
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 Settlement Consolidation
Officer, Varanasi (Respondent no.2) to decide the aforesaid case
strictly in accordance with law, by means of a 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,
WRIB No. 1146 of 2026
2
within a period of four 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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