Rani Devi @ Rani Devi vs. Consolidation Officer
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Saurabh Lavania
Listed On:
18 Apr 2025
Order Text
<u>Court No. - 7</u> Case :- WRIT - B No. - 345 of 2025 Petitioner :- Smt. Rani Devi @ Rani Devi Respondent :- Consolidation Officer, Raebareli And Others Counsel for Petitioner :- Deo Prakash Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania, J.
Heard Shri Deo Prakash Srivastava, learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos. 1 and 2 and perused the record.
In view of order proposed to be passed, issuance of notice to the private opposite parties is hereby dispensed with.
The instant petition has been preferred seeking following main relief:-
"(I). Issue, a writ order or direction in the nature of Mandamus commanding to the opposite party no.1 i.e. Consolidation Officer, District Rae Bareli to decide the pending application for restoration moved by the petitioner in Case No.126; Smt. Rani Devi Vs. Rajesh Kumar & Others, under section 9-A of U.P. Consolidation of Holdings Act, 1953 expeditiously as early as possible.
II. Issue, a writ order or direction in the nature of Mandamus commanding to the concern opposite parties to not create any third party right during the pendency of application for restoration moved by the petitioner in Case No.126; Smt. Rani Devi Vs. Rajesh Kumar & Others, under section 9-A of U.P. Consolidation of Holdings Act, 1953."
On being confronted after taking note of the facts of the case, learned counsel for the petitioner says that justice would suffice if a direction is issued to the concerned authority to decide the pending application for restoration expeditiously. Accordingly, the writ petition is disposed of with a direction to the opposite party No.1/Consolidation Officer, District Raebareli to decide the application for restoration moved by the petitioner in Case No. 126 (Smt. Rani Devi Vs. Rajesh Kumar & others) most expeditiously after affording full opportunity of hearing to the party to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard.
It is made clear that the Court has not examined the case of either party 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 :- 18.4.2025/ML
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