- (1.) The writ petition was filed before the learned Single Judge seeking the following reliefs: "i. To issue a writ, order or direction in the nature of mandamus, commanding the respondent nos.2 and 1 to decide representation of petitioner dated 1.9.2014 (Annexure - 7) and 3.3.2015 (Annexure - 9). ii. To issue a writ, order or direction in the nature of mandamus, commanding the respondent nos.2 and 1 to expeditiously issue notification under section 6 of U.P.C.H. Act read with Rule 17 thereof."
(2.) The first relief sought is a decision on the representation of the appellants while the second seeks a mandamus for the issuance of a notification under Section 6 of the U.P. Consolidation of Holdings Act, 1953 read with Rule 16. The learned Single Judge by the impugned order dated 23 September 2015 has observed that in Writ - B No.35125 of 2015, an order has been passed on 31 July 2015 directing the Consolidation Authorities to demarcate the chaks and to ensure delivery of possession between January and June 2016. The learned Single Judge has accordingly directed that the petition be listed in July 2016.
(3.) In our view, the learned Single Judge ought to have dealt with the contention of the appellants that the representation which was filed by them should be disposed of for the purpose of issuing a notification under Section 6 of the Act. Merely keeping the petition pending for a period of one year on the ground that a direction has been issued in another writ petition for handing over the possession between January and June 2016 would in fact amount to a denial of the relief that has been sought and render the petition infructuous. Hence, without expressing any opinion on the merits of the contention, we allow the special appeal and set aside the impugned judgment and order dated 23 September 2015. Writ B No.47270 of 2015 is accordingly restored to the file of the learned Single Judge for disposal afresh. The special appeal is, accordingly, disposed of. There shall be no order as to costs.;