Allahabad High Court
VIJAY PALversusCONSOLIDATION OFFICER AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court held that the Consolidation Officer must dispose of the pending proceeding under Section 12 of the U.P. Consolidation Holding Act expeditiously, within three months, and therefore issued a writ of mandamus.
Summary
Vijay Pal filed a writ petition seeking a mandamus directing the Consolidation Officer of Sonupar, Basti to dispose of case No.69 under Section 12 of the Uttar Pradesh Consolidation Holding Act, 1953, which had been pending for more than 24 years following a remand order dated 8 April 2002. The petitioner argued that the prolonged delay violated the principle of speedy justice and that the officer had failed to act expeditiously. The Court, after hearing counsel, noted the extraordinary delay but refrained from commenting on the merits of the underlying dispute. It ordered the Consolidation Officer to decide the pending proceeding in accordance with law within three months of the order, after giving both parties an opportunity of hearing. The petition was consequently disposed with the relief granted.
Issues considered
- Whether the prolonged delay in disposing of a proceeding under Section 12 of the U.P. Consolidation Holding Act warrants the issuance of a writ of mandamus.
- Whether the Court can prescribe a specific time‑frame for the disposal of the pending case.
Legislation cited
- U.P. Consolidation Holding Act, 1953 — s. 12
Subjects
- mandamus
- delay
- consolidation
- expeditious disposal
- administrative law
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1762 of 2026
Vijay Pal
.....Petitioner(s)
Versus
Consolidation Officer And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shrawan Kumar Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 54
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard Mr. Shrawan Kumar Tripathi, learned counsel for the
petitioner and Mr. Hari Mohan Srivastava, learned Additional Chief
Standing Counsel for the State-respondents.
2.The instant petition has been filed for the following relief:-
"(I). It is therefore most respectfully prayed that this
Hon'ble Court may graciously issue writ for
mandamus be pleased commanding to the
respondent no.1 for expeditious disposal of the case
69 under section 12 of Consolidation Holding Act
1953 (Smt Genda Devi versus Shyam lal) pending
before the respondent no.1 Consolidation officer
(sonupar) Basti. Within some specific period."
3. Learned counsel for the petitioner submitted that the
aforementioned proceeding under Section 12 of U.P. C.H. Act in
pursuance of the remand order passed in appeal by Assistant
Settlement Officer of Consolidation dated 8.4.2002 is pending for
more than 24 years. He further placed certified copy of grounds of
appeal as well as the order sheet, which has been annexed as
Annexure No.4 to the writ petition in order to demonstrate that the
case is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the issue, the present
WRIB No. 1762 of 2026
2
petition stands disposed of finally directing respondent no.1-
Consolidation Officer (Sonupar) Basti to decide the aforementioned
proceeding under Section 12 of U.P.C.H. Act in accordance with
law expeditiously and preferably within a period of three months
from the date of production of certified copy of this order after
giving opportunity of hearing to both the parties.
(Chandra Kumar Rai,J.)
May 7, 2026
PS*
Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad
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