Bal Krishna Tiwari and 3 Others v. Hari Mohan and 3 Others

Court No. - 51 Case :- WRIT - C No. - 37675 of 2023 Petitioner :- Bal Krishna Tiwari And 3 Others Respondent :- Hari Mohan And 3 Others Counsel for Petitioner :- Ashwani Kumar Mishra 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.4, Sub Divisional Magistrate, Karchhana, Prayagraj to decide the suit No. 7870/ 2016, Computerized case No. T201602323057870/ 2016-18 under Section 144 of U.P. Revenue Code, 2006 stipulated period.

¶3Counsel for the petitioner submitted that aforementioned suit under Section 144 of the U.P. Revenue Code, 2006 filed at the instance of the petitioners is still pending even after expiry of more than 7 years. He further submitted that issues have been framed in the suit and the evidence of the plaintiff has completed and case is going on for the evidence of the defendants. He placed the certified copy of the order sheet which has been annexed as Annexure No. 4 to the writ petition in order to demonstrate that case is not proceeding expeditiously.

¶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.4, Sub Divisional Magistrate, Karchhana, Prayagraj to consider and decide the aforementioned suit in accordance with law expeditiously and preferably within a period of four 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