NOOR JAHAN Vs. SETTLEMENT OFFICER CONSOLIDATION

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution and the prayer is that a writ of mandamus be issued directing the Consolidation Officer, Kairana, Respondent No. 2, to decide the Case No. 230 of 1985, Smt. Noor Jahan v. Hanif and Ors. pending in his Court since 1985, as till today more than 150 dates have been fixed and the case has not been decided.

(2.) The facts of the case are very startling and they depict a pathetic story of a helpless lady, the Petitioner, who is trying to seek justice before the Consolidation Authorities.

(3.) Heard Counsel for the Petitioner. The object of U.P. Consolidation of Holdings Act, 1953 (for short the Act) was to provide for the consolidation of agricultural holdings in Uttar Pradesh for the development of agriculture as expeditiously as possible. Section 5(2) was added to the Act with the express object that proceedings or suit pending before any Authority or Court pertaining to any agricultural land must abate and shall be taken by the parties before the consolidation authorities and fresh objections are to be filed under Section 9 of the Act and they are to be decided as expeditiously as possible. But, in the present case it is very surprising that the Consolidation Officer, Khairana, Respondent No. 2 did not decide the matter even after more than 150 dates has been fixed in the case.