Allahabad High Court
SANDEEP KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the Consolidation Officer (Second) Varanasi to decide the pending case within three months, after hearing the parties, in accordance with law.
Summary
Petitioner Sandeep Kumar filed a writ petition seeking a writ of mandamus directing the Consolidation Officer (Second) Varanasi, the second respondent, to decide a pending case (No. 75/109/158) filed under Section 9A(2) of the U.P. Consolidation of Holdings Act. The petitioner alleged that the case had remained unresolved for an extended period. The Court examined the petition and noted the innocuous nature of the prayer and the long pendency of the case. It held that the officer must decide the case expeditiously, within three months of service of the order, after providing a proper hearing to the parties. Accordingly, the writ petition was disposed with a direction to the Consolidation Officer to comply with the time frame.
Issues considered
- Whether the High Court can issue a mandamus directing the Consolidation Officer to decide a pending case within a specified time period.
Legislation cited
- U.P. Consolidation of Holdings Act — s. 9A(2)
Subjects
- Writ of Mandamus
- Administrative Law
- Expeditious Disposal
- Consolidation of Holdings
- Section 9A(2)
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3676 of 2026
Sandeep Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ram Kumar Prajapati
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State Respondents.
Considering the nature of the order proposed to be passed notice upon the
private respondents is hereby dispensed with.
The limited prayer made by the petitioner in the present writ petition is for
issuance of a Writ of Mandamus directing the Respondent No. 2,
Consolidation Officer (Second) Varanasi, to decide the Case No. 75/109/158,
filed under Section 9A(2) of U. P. Consolidation of Holdings Act, within the
time frame fixed by this Court.
It is contended by learned counsel for the petitioner that petitioner has filed the
case but till date the same has not been brought to its logical end.
Learned Standing Counsel submits that the case of the petitioner shall be
decided by the respondent within the time frame fixed by this Court.
Considering the innocuous prayer made by the petitioner for expeditious
disposal of the aforesaid case and also taking into consideration the fact that
case of the petitioner is pending since long, the writ petition is disposed of by
requiring the Respondent No. 2, Consolidation Officer (Second) Varanasi, to
decide the Case No. 75/109/158, filed under Section 9A(2) of U. P.
Consolidation of Holdings Act, expeditiously, preferably within a period of
three months, after affording proper opportunity of hearing to the parties,
from the date of service of certified copy of this order, strictly in accordance
with law.
September 23, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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