Allahabad High Court
VISHNU DUTT AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
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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