Allahabad High Court
SHANTANAND ALIAS GHANSHYAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that it may issue a writ of mandamus directing the Consolidation Officer to decide the pending application within two months.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Consolidation Officer, Sadar Prayagraj, to decide an application filed on 11-08-2025 under Section 52(2) of the Uttar Pradesh Cooperative Societies Act and Rule 109 of the Rules, which had been pending for a long time. The petitioner argued that expeditious disposal was necessary, while the State's standing counsel raised no objection. The court examined the circumstances and concluded that justice required a prompt decision on the pending application. Accordingly, the court issued a direction for the Consolidation Officer to decide the application on merits, after hearing all parties, within two months of service of the order. The writ petition was disposed with the said direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Consolidation Officer to decide a pending application under Section 52(2) of the UPCH Act within a specified time
- Whether the court may direct expeditious disposal of administrative applications pending with a consolidation officer
Legislation cited
- Uttar Pradesh Cooperative Societies Act — s. 52(2)
- Uttar Pradesh Cooperative Societies Rules — s. Rule 109
Subjects
- mandamus
- administrative law
- Uttar Pradesh Cooperative Societies Act
- expeditious disposal
- consolidation officer
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4175 of 2026
Shantanand Alias Ghanshyam
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anshul Kumar Singhal, Vinod Kumar
Agarwal
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.
The limited prayer made by learned counsel for the petitioner is for
issuance of a writ of mandamus commanding the Consolidation Officer,
Sadar Prayagraj, respondent no. 3 to decide the application preferred by
the petitioner dated 11.08.2025, under Section 52 (2) of UPCH Act read
with Rule 109 of UPCH Rules, within the time frame fixed by this
Court.
Learned counsel for the petitioner submits that application 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. 3 to consider and decide the aforesaid application.
Learned Standing Counsel has no objection to the aforesaid proposition.
Considering the totality of the circumstances and submissions advanced
by learned counsel for the petitioner, this Court is of the opinion that ends
of justice would stand sub served if directions are issued for expeditious
disposal of application.
Accordingly, the writ petition is disposed off with a direction to
the Consolidation Officer, Sadar Prayagraj, respondent no. 3 to decide the
application preferred by the petitioner dated 11.08.2025, under Section
WRIB No. 4175 of 2026
2
52 (2) of UPCH Act read with Rule 109 of UPCH Rules, on merits,
strictly in accordance with law, after affording due opportunity of hearing
to all parties concerned expeditiously, preferably within a period of two
months from the date of service of certified copy of the order of this
Court.
(Ashutosh Srivastava,J.)
September 18, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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