JASWANT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(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 Sec. 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 dtd. 5/5/1986 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 18/6/1997, which was challenged by the respondents by filing Appeal No.246/334 under Sec. 11 of the U.P. Consolidation of Land Holdings Act, 1953 (for short 'the Act, 1953'). On 12/5/2000, the appeal was allowed and the order dtd. 18/6/1997 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 Sec. 11(1) of the Act, 1953 along with an application dtd. 14/6/2024 for stay. By the order dtd. 15/6/2024, the effect and operation of the order dtd. 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.