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Jaswant Singh & Another vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 3 October 2024 · Citation: (2024) 10 UK CK 0007

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Consolidation Of Land Holdings Act, 1953 — Section 11, 11(1)
RESULT
Disposed Of
CASE NUMBER
Writ Petition Miscellaneous Single No. 2704 Of 2024
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Judgment

7 paragraphs · 339 words

Pankaj Purohit, J

1.

Heard learned counsel for the parties.

2.

Petitioner has filed the present writ petition seeking a mandamus commanding the Settlement Officer (Consolidation), Kashipur, District Udham Singh Nagar to expedite the Appeal No.232/2023-24 under Section 11(1) of the Consolidation of Holdings Act, pending before the court of learned Settlement Officer (Consolidation), Kashipur, District Udham Singh Nagar, annexure-4 to the writ petition.

3.

In nutshell, it is the case of the petitioners that Will dated 05.05.1986 was challenged before the Assistant Collector 2nd Class, Bazpur, in Case No.30/81 year 1993-94. In that case, an order was passed on 18.06.1997, which was challenged by the respondents by filing Appeal No.246/334 under Section 11 of the U.P. Consolidation of Land Holdings Act, 1953 (for short “the Act, 1953”). On 12.05.2000, the appeal was allowed and the order dated 18.06.1997 was set-aside and the matter was remanded to the court below. Thereafter, the court below passed an order on 16.11.2023 which was again challenged before the Consolidation Officer by way of filing an Appeal No.232/2023-24 under Section 11(1) of the Act, 1953 along with an application dated 14.06.2024 for stay. By the order dated 15.06.2024, the effect and operation of the order dated 16.11.2023 was stayed and notices were issued to the opposite parties. Since then the appeal is pending before the Consolidation Officer. Hence, this petition.

4.

It can be gathered from the above facts that the matter is continuing since 1995. In order to bring the case to a logical end, it would be in the interest of justice to direct the appellate court for deciding the appeal in a time bound manner.

5.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Settlement Officer (Consolidation), Kashipur, District Udham Singh Nagar to expedite the Appeal No.232/2023-24, as expeditiously as possible, but not later than three months from the date of production of certified copy of this order.

6.

Pending application, if any, stands disposed of accordingly.