Avinash Kumar Tiwari v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 37563 of 2023 Petitioner :- Avinash Kumar Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Saran Yadav,Satya Priya Mishra Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner and learned Standing Counsel for State-respondents.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Additional Commissioner, Administration 3rd, Gorakhpur Mandal Gorakhpur to decide the appeal No. 870/ 2022, Computerized case No. C202205000000870 (Avinash Kumar Tiwari Vs. Sachidanand and others) under Section 207 of U.P. Revenue Code, 2006 within stipulated period.

¶3Counsel for the petitioner submitted that the aforesaid appeal filed at the instance of the petitioner arising out of partition suit is pending since 2021.

¶4Copy of the order sheet has been annexed as Annexure No.2 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.2, Additional Commissioner, Administration 3rd, Gorakhpur Mandal Gorakhpur to consider and decide the aforementioned appeal in accordance with law expeditiously and preferably within a period of three 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 :- 1.11.2023 Vandana Y. High Court of Judicature at Allahabad