Sunil Kumar v. State of U.P. and 3 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2571 of 2023 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Mishra Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

1.Learned counsel for the petitioner is permitted to implead private party as respondent Nos.5 and 6 in the array of the parties to the writ petition during course of the day.

¶2Heard learned counsel for the petitioner, Mr. Sanjay Kumar Srivastava, learned State Law Officer for State-respondents and Mr. Azad Rai, learned counsel for Gaon Sabha.

3.The instant P.I.L. has been filed praying for a mandamus directing respondent No.3/Tehsildar, Tehsil-Soraon, District-Prayagraj to decide the Case No.443 of 2013-14 computerized Case No.T2015020303785 (Gaon Sabha Vs. Panna Lal) under Section 122-B of U.P.Z.A.&L.R. Act 1950 and case No.444 of 2013-14 computerized case No.T2015020303786 (Gaon Sabha Vs. Ram Sajivan) under Section 122-B of U.P.Z.A.&L.R. Act within stipulated period.

¶4Learned counsel for the petitioner submitted that proceeding under Section 122-B of U.P.Z.A.& L.R.Act is pending before respondent No.3/Tehsildar, Tehsil-Soraon, District-Prayagraj even after expiry of more than 9 years. 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 expeditiously.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present P.I.L.stands disposed of finally with a direction to respondent No.3/Tehsildar, Tehsil-Soraon, District-Prayagra to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of two 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 :- 6.11.2023 PS* High Court of Judicature at Allahabad