Jay Narayan v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 32857 of 2023 Petitioner :- Jay Narayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Ranjan Srivastava Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.

¶1In compliance of order dated 12.10.2023, learned Standing Counsel has produced the instructions, which are taken on record.

¶2Heard learned counsel for the petitioner, learned counsel for the respondent and learned Standing Counsel and perused the record.

¶3The present petition has been filed with the following prayer: A. Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the claim of the petitioner and not interfere peaceful possession of plot no. 259 area 0.032 hectare Village Bishunpura Bujurg, Tappa Bansi Chirgota, Pargana Siha Jor, Tehsil Padrauna, District Kushi Nagar and decide the claim of the petitioner to this writ petition.

¶4As per the instructions, the appeal under Section 67(5) of U.P. Revenue Code, 2006 filed by the petitioner is pending before respondent no. 2.

¶5At this stage, learned counsel for the petitioner submitted that a direction may be issued to the respondent authorities to decide the appeal filed by the petitioner finally.

¶6No useful purpose would be served in keeping this petition pending.

¶7Considering the facts and circumstances of this case, this writ petition is disposed of with a direction to the respondent no. 2 to decide the appeal filed by the petitioner 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.

¶8Till disposal of the appeal, the parties are directed to maintain status quo. Order Date :- 27.10.2023/Ved Prakash High Court of Judicature at Allahabad