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  4. 2024/
  5. October

Kamlesh Soni vs. Consolidation Officer, Tehsil Bikapur, Faizabad and 12 Others

Decided on 25 October 2024• Citation: /5131/2024• Allahabad High Court
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                                          Neutral Citation No. - 2024:AHC-LKO:72030
                             Court No. - 8                                        
                             Case :- MATTERS UNDER ARTICLE  227 No. - 5131 of 2024
                             Petitioner :- Kamlesh Soni                           
                             Respondent :- Consolidation Officer, Tehsil Bikapur, Faizabad
                             And 12 Others                                        
                             Counsel for Petitioner :- Shobh Nath Pandey          
                             Counsel for Respondent :- C.S.C.,Mohan Singh         
                             Hon'ble Jaspreet Singh,J.                            
                             Heard learned counsel for the petitioner. Notice on behalf of the
                             respondents No.1 has been accepted by the office of the Chief
                             Standing Counsel. Sri Mohan Singh learned counsel has
                             accepted notice on behalf of respondent no.13.       
                             In view of the order proposed to be passed by this Court, notice
                             to the private-respondent Nos.2 to 12 is dispensed with.
                             By means  of the instant petition, the petitioner seeks
                             expeditious disposal of the Case No.2004550423030002 filed
                             under Section 9 Ka(2) of U.P. C.H Act pending before the
                             respondent No.1.                                     
                             Learned standing counsel submits that he has no objection in
                             case an expedite order is passed.                    
                             At this stage, learned counsel for the petitioner submits that the
                             petitioner is ready to furnish an undertaking that the petitioner
                             will not seek any unnecessary adjournment and shall also
                             cooperate in the early disposal of the aforesaid case.
                             Considering the facts and circumstances, this Court is of the
                             opinion that no gainful purpose will be served in keeping the
                             aforesaid petition pending rather ends of justice can be served
                             by directing the respondent No.1 to consider and finally decide
                             the pending proceedings of the Case No.2004550423030002
                             filed under Section 9 Ka(2) of U.P. C.H Act as expeditiously as
                             possible, affording full opportunity of hearing to the parties, but
                             without granting any unnecessary adjournment to either of the
                             parties.                                             
                             The petitioner shall also furnish an undertaking, as mentioned
                             above, along with a copy of this order. In case, if the petitioner
                             does not furnish the aforesaid undertaking, then the petitioner
                             shall not be entitled to the benefit of this order.  

                             It is made clear that the Court has not examined the case of
                             either of the parties on merits and the authority concerned shall
                             be free to decide the matter strictly in accordance with law.
                             With the aforesaid, the petition is disposed of.     
                             Order Date :- 25.10.2024                             
                             Harshita                                             
    Digitally signed by :-                                                        
    HARSHITA                                                                      
    High Court of Judicature at Allahabad,                                        
    Lucknow Bench