Dinanath and 2 Others v. State of U.P. and 11 Others

Court No. - 47 Case :- WRIT - C No. - 37943 of 2023 Petitioner :- Dinanath And 2 Others Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Vipul Kumar Dubey,Abhishek Dwivedi,Manoj Kumar Dubey Counsel for Respondent :- C.S.C.,Abhishek Krishna Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No. 2 to decide the Case No. 989 of 2017, Computerized Case No. C20171500989 (Dinanath v. Raghunath Prasad), under Section 331(3) of the U.P. Z.A. & L.R. Act, 1950 within stipulated period.

¶3Learned counsel for the petitioner states that opposite party appeared before the court below and objections have been filed. The aforesaid case is pending since 2017 before respondent No. 2 for adjudication. He prayed that the same may be decided, expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No. 3 to the writ petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.

¶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 Commissioner, Azamgarh Mandal, Azamgarh to consider and decide the aforementioned case, 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.

¶7This order has been passed in the presence of Mr. Abhishek Krishna, learned counsel appearing for respondent no. 5. Order Date :- 3.11.2023/Ved Prakash High Court of Judicature at Allahabad