Bhagirathi v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 33536 of 2023 Petitioner :- Bhagirathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- CSC,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.

¶1In compliance of the order dated 05.10.2023, instruction has been produced before this Court and the same are taken on record.

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

¶3The instant writ petition has been filed praying for a mandamus directing respondent No. 2 to decide the Case under Section 134 of U.P. Revenue Code, 2006 (Bhagirathi v. Lallan and others), within stipulated period.

¶4Learned Standing Counsel submitted that as per the instruction the case under Section 134 has been registered and is pending and objections have also been filed by opposite parties.

¶5No useful purpose would be served in keeping this petition pending.

¶6Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 Sub Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar to consider and decide the aforementioned case under Section 134 of U.P. Revenue Code, 2006, 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. Order Date :- 1.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad