VIKRAM NATH, J. - (1.) HEARD Sri S.C. Verma, learned counsel for the petitioners and Sri M.D. Singh Shekhar, learned Senior Counsel assisted by Sri R.P. Singh, learned counsel appearing for the respondent no.4.
(2.) AS all the parties are represented, with the consent of the learned counsel for the parties this petition is being finally heard at the admission stage itself. Certain objections filed by the respondent no.4 are said to be pending before the Consolidation Officer, Sagari, District Azamgarh since 1987. The said objections were barred by time as such an application under Section 5 of the Limitation Act for condonation of delay in filing the objections was also filed. The petitioners, who are the opposite parties in the objections, objected to the condonation of delay and the matter was agitated up to the stage of Deputy Director of Consolidation whereupon it was finally determined that the delay shall stand condoned and the objections be decided on merits. This was the first round of litigation between the parties. Thereafter the matter is said to be proceeding for recording of the evidence in the case before the Consolidation Officer, Sagari, District Azamgarh. As the Consolidation Officer was not proceeding to decide the matter despite long pendency, a writ petition was filed before this Court being Writ Petition No.9977 of 2009 by the respondent no.4 for a mandamus to the Consolidation Officer to decide the objections expeditiously within a fixed time frame. The said writ petition was disposed of by order dated 25.2.2009 in the following terms : "Heard the learned counsel for the petitioner and the learned standing counsel. The grievance of the petitioner is that after the delay in filing objections was condoned by the Deputy Director of of Consolidation, the Consolidation Officer is not proceeding to decide the objections on merits. The matter is being adjourned on every date and a general date is being fixed. In the circumstances the petitioner is praying for a direction to the Consolidation Officer to expedite the disposal of the objections. Considering the facts and circumstances of the case this petition is disposed of with the direction to the Consolidation Officer, Sagari, Azamgarh (respondent No.1)to expedite the disposal of the objections preferably within a period of four months from the date of production of a certified copy of this order strictly in accordance with law after affording opportunity of hearing to the parties concerned."
(3.) THE said order was filed before the Consolidation Officer, Sagari, District Azamgarh and the matter proceeded. After a lapse of about 15 months, at the time when the evidence of the respondent no.4 had closed and the evidence of the petitioners was to be led, the petitioners were not producing their witnesses and as such after 2 - 3 opportunities the Consolidation Officer passed an order on 8.6.2010 that in case the witnesses are not produced on the next date he shall proceed to close the evidence of the petitioners and proceed in the matter. At this stage the petitioners filed a transfer application dated 16.6.2010 before the Settlement Officer Consolidation for transferring the case from the Court of Consolidation Officer, Sagari, District Azamgarh to some other Consolidation Officer within the district. The Settlement Officer Consolidation by order dated 25.6.2010 allowed the transfer application only recording that the transfer appears to be justified and accordingly transferred the case to the Court of Consolidation Officer, Phoolpur, District Azamgarh.;