Allahabad High Court
MIRZA AQEEL AHMADversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the Settlement Officer to decide the pending case within three months of service of the order.
Summary
Petitioner Mirza Aqeel Ahmad filed a writ petition seeking a direction to the Settlement Officer of Consolidation, Jaunpur, to decide the pending case No. 1197 of 2024‑25 (Mirza Aqeel versus Riyaz @ Riju and others) under Section 11(1) of the Uttar Pradesh Consolidation (Urban) Act. The petitioner argued that the case had been pending since 2024 and that a court‑ordered time‑frame was necessary for expeditious disposal. The respondents raised no objection to the proposed direction. The Court held that, in the interest of justice, it could issue a directive for the Settlement Officer to decide the matter within a fixed period. Accordingly, the petition was disposed with an order directing the Settlement Officer to decide the case within three months of service of the certified copy of the order.
Issues considered
- Whether the High Court can direct the Settlement Officer to decide a pending case under Section 11(1) of the Uttar Pradesh Consolidation (Urban) Act within a specified time‑frame?
Legislation cited
- Uttar Pradesh Consolidation (Urban) Act — s. 11(1)
Subjects
- writ petition
- Section 11(1)
- Settlement Officer
- expeditious disposal
- Uttar Pradesh Consolidation Act
- land consolidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4104 of 2026
Mirza Aqeel Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mariya Khatoon, Ram Kesh
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Ram Kesh, learned counsel for the petitioner, learned Standing
Counsel for the State-respondent and Shrindra Kumar Tripathi, learned
counsel for the respondent No. 10 .
Considering the nature of the order proposed to be passed notice upon the
private respondents is hereby dispensed with.
The limited prayer made by learned counsel for the petitioner is to issue a
direction to decide the proceedings of Case No. 1197 of 2024-25 (Mirza
Aqeel versus Riyaz @ Riju and others) under Section 11 (1) of UPCH Act,
stated to be pending before the respondent No. 2, Settlement Officer of
Consolidation, Jaunpur within a time frame fixed by this Court.
Learned counsel for the petitioner submits that case filed by the petitioner is
pending consideration since 2024 and the purpose of filing the present
petition would stand served if appropriate directions are issued to the
respondent No. 2, Settlement Officer of Consolidation, Jaunpur to consider
and decide the aforesaid case within a time frame fixed by this Court.
Learned counsels appearing for the respondents have no objection to the
aforesaid proposition.
Considering the totality of the circumstances and submissions advanced by
learned counsel for the petitioners, this Court is of the opinion that ends of
justice would stand sub served if directions are issued for expeditious
disposal of aforesaid case.
WRIB No. 4104 of 2026
2
Accordingly, the present petition is disposed of by requiring the respondent
No. 2, Settlement Officer of Consolidation, Jaunpur seized with the Case
No. 1197 of 2024-25 (Mirza Aqeel versus Riyaz @ Riju and others) under
Section 11 (1) of UPCH Act, to consider and decide the same,
expeditiously, preferably, within a period of three months upon service of
certified copy of the order of this Court, in accordance with law.
(Ashutosh Srivastava,J.)
September 23, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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