Allahabad High Court
SMT. FATMUNNISHA (SINCE DECEASED) AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the Consolidation Officer to decide the pending case within three months of service of the order.
Summary
The petitioners, Smt. Fatmunnisha (deceased) and another, sought a court direction to the Consolidation Officer, Etwa, Siddharth Nagar, to decide the pending case of Insan Ali vs. Fatimunnisha (Case No. 3007/2015/01) under Section 9A(2) of the Uttar Pradesh Civil Courts (Hierarchy) Act. They argued that the case had been pending for an inordinate period and that a judicial direction was necessary for expeditious disposal. The State, as respondent, raised no objection to the prayer. The Court, after considering the submissions, held that justice required a timely decision and therefore issued an order directing the Consolidation Officer to decide the matter within three months of service of the certified copy. The petition was consequently disposed.
Issues considered
- Whether the High Court can direct the Consolidation Officer under Section 9A(2) of the UPCH Act to decide a pending case within a specified time frame.
Legislation cited
- Uttar Pradesh Civil Courts (Hierarchy) Act — s. 9A(2)
Subjects
- writ petition
- expeditious disposal
- consolidation officer
- UPCH Act
- Section 9A(2)
- pending civil case
- judicial direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4159 of 2026
Smt. Fatmunnisha (Since Deceased) And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Keshawa Prasad Pandey, Krishna
Chandra Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the petitioners and learned Standing Counsel for
the State-respondent.
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 the respondent no. 2 i.e. Consolidation Officer Etwa, Siddharth
Nagar, to decide the proceedings of Case No. 3007/2015/01, (Insan Ali vs.
Fatimunnisha), under Section 9A (2) of UPCH Act, within the time frame
fixed by this Court.
Learned counsel for the petitioner submits that case filed by the petitioner is
pending consideration since long and the purpose of filing the present
petition would stand served if appropriate directions are issued to the
respondent No. 2 to consider and decide the aforesaid case within a time
frame fixed by this Court.
Learned Standing Counsel has 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.
Accordingly, the present petition is disposed off by requiring the respondent
WRIB No. 4159 of 2026
2
No. 2 i.e. Consolidation Officer Etwa, Siddharth Nagar, seized with the Case
No. 3007/2015/01, (Insan Ali vs. Fatimunnisha), under Section 9A (2) 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 18, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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