Subodh Kumar Singh v. State of U.P. and 5 Others

Court No. - 51 Case :- WRIT - C No. - 36409 of 2023 Petitioner :- Subodh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Harish Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner and Mr. Amit Kumar Srivastava, learned Standing Counsel for State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.3/ Sub Divisional Magistrate, Raja Talab, District-Varanasi to decide the Case No.RST 9015 of 2021 computerized Case No.T202114700309015 within stipulated period.

¶3Learned counsel for the petitioner submitted that the proceeding under Section 24 of U.P. Revenue Code, has been concluded in favour of the petitioner, but implementation has not been made. He further submitted that subsequently, private respondent has filed restoration application dated 01.03.2021, which is pending before respondent No.3/ Sub Divisional Magistrate, Raja Talab, District-Varanasi since 2021.

¶4Certified copy of order sheet has been annexed as Annexure No.4 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.3/ Sub Divisional Magistrate, Raja Talab, District-Varanasi to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 19.10.2023 PS* High Court of Judicature at Allahabad