Om Prakash and 3 Others v. State of U.P. and 14 Others

Court No. - 47 Case :- WRIT - C No. - 35454 of 2023 Petitioner :- Om Prakash And 3 Others Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Umakant Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2 - Sub Divisional Magistrate, Belthara Road, District - Ballia, to decide the Case No.1514 of 2018 being Computerized Case No.T20185090701514, Harindra and othes vs. Om Prakash and others, under Section 209Ja of U.P. Revenue Code, within stipulated period.

¶3Learned counsel for the petitioner submitted that against the order dated

28.3.2018, a restoration application has been filed by respondents No.3 to 5 and the same is pending consideration since 2018. He prayed that the same may be decided expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No.7 to the writ petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.

¶5No useful purpose would be served in keeping this petition pending.

¶6Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Sub Divisional Magistrate, Belthara Road, District - Ballia, to consider and decide the aforesaid case, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 12.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad