Allahabad High Court
BHARAT KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the Consolidation Officer to decide the objection within three months, thereby granting the writ of mandamus.
Summary
Bharat Kumar filed a writ petition seeking a mandamus directing the Consolidation Officer, Katghara, Jaunpur, to decide his objection dated 23 May 2025 under Section 9‑A(2) of the U.P. Consolidation of Holdings Act. The petitioner argued that the matter, filed in 2025, remained unresolved, causing undue delay. The respondents contended that the officer should decide the objection within the time frame set by the Court. The Court noted the innocuous nature of the prayer and the long pendency of the case. It ordered the Consolidation Officer to decide the objection expeditiously, preferably within three months of service of the certified copy of the order, after giving a proper hearing. The petition was disposed with this direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Consolidation Officer to decide the objection under Section 9‑A(2) of the U.P. Consolidation of Holdings Act within a specified time.
Legislation cited
- U.P. Consolidation of Holdings Act — s. 9-A(2)
Subjects
- Writ of Mandamus
- Administrative Law
- Delay in Decision
- Consolidation of Holdings
- Expeditious Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4034 of 2026
Bharat Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Singh Yadav, Vinod Kumar
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, 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, Katghara, Jaunpur, to decide the objection dated
23.05.2025 filed by the petitioner under Section 9-A(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 in the year 2025 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, Katghara,
Jaunpur, to decide the objection dated 23.05.2025 filed by the petitioner
under Section 9-A(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
WRIB No. 4034 of 2026
2
copy of this order, strictly in accordance with law.
September 11, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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