Sachchidanand Pandey v. State of U.P. and 7 Others

Court No. - 51 Case :- WRIT - C No. - 37063 of 2023 Petitioner :- Sachchidanand Pandey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Yakub Ali Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J.

¶1Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause of the writ petition during course of the day.

¶2Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-Gaon Sabha.

¶3The instant petition has been filed for mandamus directing the respondent no.2 i.e. Sub-Divisional Magistrate, Hata, District-Kushinagar to decide the Suit No.T201905440201497 of 2019 (Sachhidanand vs. Ram Shobha), under Section 116 of U.P. Revenue Code, 2006 within stipulated period.

¶4Learned counsel for the petitioner submitted that the aforementioned suit under Section 116 of U.P. Revenue Code, 2006 is pending before respondent no.2 since

3.4.2019. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.2 to the petition in order to demonstrate that the case is not proceeding according to the provisions contained under Rule 109 (10) of U.P. Revenue Code Rules, 2016.

¶5Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the aforementioned suit on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order before him.

¶6Accordingly, the writ petition is finally disposed of. Order Date :- 28.10.2023/Rameez High Court of Judicature at Allahabad