CHANDRAVATI SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Yogeshwar Sharan Srivastava, the learned counsel for the petitioner.

(2.) By means of the instant petition filed under Sec. 227 of the Constitution of India, the petitioner has sought a direction to the opposite party No. 2-Consolidation Officer (Purana) for expeditious disposal of Case No. 65 of 2024, which is an application filed under Rule 109-A (1) of U.P. Consolidation of Holdings Act Rules, 1954 (which will hereinafter be referred to as 'the Rules of 1954'), for execution of an order dtd. 24/4/1993 passed by the Consolidation Officer, Nawabganj in Case No. 3939.

(3.) Sri Hemant Kumar Pandey, the learned Standing Counsel for the State of U.P. has raised a preliminary objection that the application under Rule 109-A has been filed after more than 30 years since passing of the alleged order dtd. 24/4/1993, a certified copy whereof has not been produced by the petitioner along with the application for execution of the order. The photocopy of the order dtd. 24/4/1993 filed alongwith the execution application is not admissible. In these circumstances, the photocopy of the order dtd. 24/4/1993 prima facie appears to be forged. The original record of the proceedings in the court of Consolidation Officer stands weeded out. There is no method to verify the genuineness of the petitioner's claim regarding order dtd. 24/4/1993 in absence of a certified copy of the order dtd. 24/4/1993 having been filed by the petitioner along with his application dtd. 7/11/2023.