Pawan Kumar v. Settlement Officer Consolidation, Amethi & Anr.

Counsel for the State respondent no. 1 and Shri Mohan Singh, learned counsel for respondent no.2.

Instant petition has been filed by the petitioner praying for direction to the respondent No.1/ Settlement Officer, Consolidation District Amethi to decide the Appeal No. 798/TB/2024, Computer Case No. 202454047100000120 now new Appeal No. 636/TA/2025 (Ajay Kumar and others Versus Gram Sabha) under Section 11 of the U.P. Consolidation and Holding Act, which is pending since February, 2024, as expeditious as possible or within a period as stipulated by this Hon'ble Court.

It is urged that though the matter is being listed but for one reason or the other, the aforesaid case is not being decided.

Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case respondent No. 1, considers and decides the aforesaid case in the time bound manner.

It has been submitted by learned Standing Counsel that all the respondents in the aforesaid case have not been served.

Considering the fact that the case was filed in 2024 of which proceedings are underway and from the perusal of the writ petition, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its 2 A227 No. 7380 of 2025 jurisdiction under Article 227 of the Constitution of India to direct the trial court to decide the same expeditiously.

This Court is conscious of the fact that the trial court/competent authority are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court/competent authority to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court/competent authority who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the aforesaid matter. In the present case no such circumstances has been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India.

However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the aforesaid case before the trial court/competent authority. In case, such application is moved within two weeks from today the trial court/competent authority shall consider and decide the same expeditiously, say, within two weeks thereafter. In case, the trial court/competent authority is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereupon in accordance with law.

It is made clear that this Court has not examined the case of either of the parties on merit and the Court/authority concerned shall decide the matter strictly in accordance with law.