Shiv Pujan v. State of U.P. and 12 Others

Court No. - 52 Case :- WRIT - C No. - 33741 of 2023 Petitioner :- Shiv Pujan Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Swati Singh,Birendra Singh Counsel for Respondent :- C.S.C.,Achal Singh Hon'ble Saurabh Srivastava,J.

¶1Heard Ms. Swati Singh, learned counsel for petitioner and learned Standing Counsel for the State-respondents.

¶2Present writ petition has been filed seeking an ad interim mandamus directing the respondents especially respondent no. 4 to 13 to maintain status quo over the land of gata no. 189/0.1400 hectare situated in village Benda Pargana, Tehsil and District Banda during the pendency of Appeal no. C202307000000313 Shivpujan vs. Ambrish Kumar @ Sona and others, under Section 207 of U.P. Revenue Code, pending before the Court of Commissioner, Chitrakoot Dham Division, Banda arising out of order dated 31.1.2023 passed by Sub Divisional Magistrate, Banda in case no. T202207110104344, Ambrish Kumar @ Sona and others vs. Gram Panchayat Benda and others, under Section 24 of U.P. Revenue Code, 2006.

¶3Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case, the appeal no. C202307000000313 (Shivpujan vs. Ambrish Kumar @ Sona and others), under Section 207 of U.P. Revenue Code, 2006 pending before respondent no. 2 is considered and decided in a time bound manner by respondent no. 2.

¶4Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.

¶5Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the respondent no.2 is hereby directed to consider and decide appeal no. C202307000000313 (Shivpujan vs. Ambrish Kumar @ Sona and others), under Section 207 of U.P. Revenue Code, 2006, as expeditiously as possible, preferably within a period of nine months from the date of production of certified copy of this order, after affording proper opportunity of hearing to all the parties.

¶6With the aforesaid directions, the writ petition stands disposed of. Order Date :- 19.10.2023 Shaswat High Court of Judicature at Allahabad