Allahabad High Court
SHIV KUMAR SINGHversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court directed the Settlement Officer to decide the pending appeal within three months, emphasizing the need for expeditious disposal.
Summary
Shiv Kumar Singh filed a writ petition seeking a court direction to the Settlement Officer of Consolidation, Mathura, to decide Appeal No. 183 of 2024 filed under Section 11(1) of the Uttar Pradesh Consolidation of Holdings Act, which had been pending for a long time. The petitioner argued that expeditious disposal was necessary and the respondent's counsel raised no objection. The High Court, after considering the submissions, held that justice required the appeal to be decided promptly. Accordingly, the Court ordered the Settlement Officer to decide the appeal within three months of service of the certified copy of the order. The petition was disposed with the said direction.
Issues considered
- Whether a writ petition is maintainable to seek a direction for expeditious disposal of a pending appeal under Section 11(1) of the Uttar Pradesh Consolidation of Holdings Act.
- Whether the court can impose a specific time‑frame on the Settlement Officer to decide the appeal.
Legislation cited
- Uttar Pradesh Consolidation of Holdings Act — s. 11(1)
Subjects
- Uttar Pradesh Consolidation of Holdings Act
- Section 11
- Writ petition
- Expeditious disposal
- Settlement Officer
- Appeal
- Court direction
- Administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4161 of 2026
Shiv Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : In Person
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Shiv Kumar Singh, petitioner in person, 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. Settlement Officer of Consolidation,
Mathura, to decide the proceedings of Appeal No. 183 of 2024, registered as
Case No. 0153 of 2024, Computerized Case No. 202454015300000153,
Shiv Kumar Singh vs. Mahavir and others), under Section 11 (1) of UPCH
Act, within a 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.
WRIB No. 4161 of 2026
2
Accordingly, the present petition is disposed off by requiring the respondent
2 i.e. Settlement Officer of Consolidation, Mathura, to decide the
proceedings of Appeal No. 183 of 2024, registered as Case No. 0153 of
2024, Computerized Case No. 202454015300000153, Shiv Kumar Singh vs.
Mahavir 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 18, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
Checking your session…