Santosh Kumar and 4 Others v. State of U.P. and 6 Others

Court No. - 51 Case :- WRIT - C No. - 33804 of 2023 Petitioner :- Santosh Kumar And 4 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shyam Mohan Singh,Janardan Yadav,Vivek Kumar Pal Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

1.Heard Mr. Shyam Mohan Singh, learned counsel for the petitioners, Mr. Abhinav Ojha, learned Standing Counsel for the State-respondents and Mr. Azad Rai, learned counsel for Gaon Sabha.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.2/Sub Divisional Magistrate, Bara, Prayagraj to decide the Case No.8167 of 2022 (computerize Case No.T202202030708167, Santosh Kumar and others Vs. Rajkumar and others) under Section 116 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned case is pending since 12.12.2022 for adjudication. He further placed certified copy of the order sheet, which has been annexed as Annexure No.2 to the writ 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.

¶4Considering 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.2/Sub Divisional Magistrate, Bara, Prayagraj to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of six 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 :- 30.10.2023 PS* High Court of Judicature at Allahabad