Shabihan Khatoon v. State of U.P. and 5 Others

Court No. - 47 Case :- WRIT - C No. - 36029 of 2023 Petitioner :- Shabihan Khatoon Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rakesh Kumar Upadhyay Counsel for Respondent :- C.S.C,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No. 2 to decide the case no. 02083 of 2019, computerized case no. T201905200102083 (Shabihan Khatoon Vs. Rikebiya) under Section 34/35 of U.P. Revenue Code, 2006, within stipulated period.

¶3Learned counsel for the petitioner submitted that opposite party appeared before the court below. He prayed that the same may be decided, expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No. 3 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, Tehsildar Tehsil and District Deoria to consider and decide the aforementioned 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 that there is no other legal impediment. Order Date :- 17.10.2023 Vipasha High Court of Judicature at Allahabad