DEVENDRA SINGH YADAV versus THE STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Devendra Singh Yadav v. The State Of U.P. & Others - WRIT - B No. 73929 of 2005 [2005] RD-AH 7585 (15 December 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

W.P. No. 73929 of 2005

Hon. S.N.Srivastava, J.

Learned counsel for the petitioner canvassed that the order dated 28.12.2004 rescinding the chak allotment proceedings consequent upon the application of one Virendra Singh Yadav, was set aside by this Court vide judgment dated 28.7.2005 in writ petition no.1503 of 2005. It is further argued that the effect of this judgment would be that the chak appeals of petitioner and other persons have revived. The chak appeals are pending disposal before the Settlement Officer Consolidation. By way of this writ petition, the petitioner has approached this Court for a writ of mandamus commanding the Settlement Officer Consolidation Ghaziabad to decide the chak appeals aforestated with expedition.

I have bestowed my most anxious considerations to the arguments and perused the materials on record.

In the facts and circumstances of the case, this Court is of the view that mandamus be issued to Settlement Officer Consolidation to decide the Chak appeals within a period not exceeding three months from the date of presentation of a certified copy of this order. It needs hardly be said that the authority concerned shall afford opportunity to concerned parties and shall assign reasons for his conclusions.

It is ordered accordingly.

In view of the above the petition shall stand disposed of finally in terms of above directions.

M.H.

15.12.2005.

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