Allahabad High Court High Court

Ram Bux vs State Of U.P.Through Prin. Secy. … on 20 July, 2010

Allahabad High Court
Ram Bux vs State Of U.P.Through Prin. Secy. … on 20 July, 2010
Court No. - 19

Case :- CONSOLIDATION No. - 475 of 2010

Petitioner :- Ram Bux
Respondent :- State Of U.P.Through Prin. Secy. Deptt. Of Revenue Lko.And
Petitioner Counsel :- Hemant Kumar Mishra
Respondent Counsel :- C.S.C.

Hon'ble S.C. Chaurasia,J.

Heard the learned counsel for the petitioner, learned Standing Counsel and
perused the record.

This writ petition under Article 226 of the Constitution of India has been filed
with the prayer that a writ, order or direction in the nature of mandamus may
be issued commanding the opposite parties nos. 1 & 2 to ensure forthwith the
implementation of the order dated 22-04-2008 passed in case no. 108, Ram
Bux Verus State, by Consolidation Officer, District-Unnao, contained as
Annexure No,. 1 to the writ petition, and the opposite party no. 6 may be
restrained from initiating any further consolidation proceedings in village-
Dhamiyana, Pargana-Auras, Tahsil-Hasanganj, District-Unnao, without
implementing the said order.

The learned counsel for petitioner has submitted that the appeal preferred
against the order dated 22-04-2008 passed by the Consolidation Officer was
dismissed by the Settlement Officer Consolidation vide order dated 23-07-
2008, but, inspite of it, the order dated 22-04-2008 is not being implemented
and on the basis of previous proposed consolidation scheme, the Assistant
Consolidation Officer is initiating further consolidation proceedings illegally.
He has further submitted that an application has been moved in the court of
Deputy Director of Consolidation, Unnao for implementing the order dated
22-04-2008, but, the delay is being caused in disposal of the said application.

It is expedient in the interest of justice that the petitioner’s said application
may be disposed of expeditiously.

The opposite party no. 3, Deputy Director of Consolidation,district-Unnao, is
directed to dispose of petitioner’s application dated 20-05-2010, contained as
annexure No. 3 to the writ petition, expeditiously in accordance with law,
preferably within a period of two months from the date a certified copy of the
order of this court is filed in the said court.

With these observations/directions, the writ petition stands disposed of finally.

Order Date :- 20.7.2010
AKS