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Allahabad High Court

VISHNU DUTT AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that it may direct the Consolidation Officer to decide the pending case expeditiously, within two months of service of the order.

Summary

The petitioners sought a direction under Section 109 of the Uttar Pradesh Civil Procedure Rules for the Consolidation Officer in Baberu, Banda to decide a pending case (No. 147/289, Kaushal Kishore & others v. Gaon Sabha) that had been pending since April 12, 2010. The petitioners argued that expeditious disposal was necessary, and the respondents raised no objection to the request. The Court examined the circumstances and agreed that justice would be served by ordering a prompt decision. Accordingly, the Court directed the Consolidation Officer to decide the case within two months of service of the order. The petition was disposed with the direction for expeditious disposal.

Issues considered

  • Whether the High Court can, under Section 109 of the Uttar Pradesh Civil Procedure Rules, direct a Consolidation Officer to decide a pending civil case within a specified time frame.

Legislation cited

  • Uttar Pradesh Civil Procedure Rules — s. 109

Subjects

  • writ petition
  • Section 109
  • Consolidation Officer
  • expeditious disposal
  • civil procedure
  • Uttar Pradesh

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - B No. - 4250 of 2026

                                    Vishnu Dutt And Another
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Ram Swaroop (Singh), Shivakant Singh
                                    Counsel for Respondent(s)               :   Achal Singh, C.S.C.

                                    Court No. - 50
                                                         HON'BLE ASHUTOSH SRIVASTAVA, J.


                                    Heard Shri Ram Swaroop (Singh), learned counsel for the petitioner, learned Standing
                                    Counsel for the State-respondent and Shri Achal Singh, learned counsel for the
                                    respondent No. 3.

                                    The limited prayer made by learned counsel for the petitioner is to issue a direction to
                                    decide the proceedings of Case No. 147/289 (Kaushal Kishore and others versus Gaon
                                    Sabha) under Section 109 of UPCH Rule, stated to be pending before the
                                    Consolidation Officer, Baberu, Banda within a time frame fixed by this Court.

                                    Learned counsel for the petitioner submits that case filed by the petitioner is pending
                                    consideration since 12.4.2010 and the purpose of filing the present petition would
                                    stand served if appropriate directions are issued to the Consolidation Officer, Baberu,
                                    Banda 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.


                                    Accordingly, the present petition is disposed of by requiring the Consolidation
                                    Officer, Baberu, Banda seized with the Case No. 147/289 (Kaushal Kishore and others
                                    versus Gaon Sabha) under Section 109 of UPCH Rule, to consider and decide the
                                    same, expeditiously, preferably, within a period of two months upon service of
                                    certified copy of the order of this Court, in accordance with law.


                                    September 23, 2026
                                    Ravi Prakash
                                                                                                  (Ashutosh Srivastava,J.)




Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad


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