Shyam Narayan Tirpathi v. State of U.P. and 64 Others

Court No. - 47 Case :- WRIT - C No. - 37529 of 2023 Petitioner :- Shyam Narayan Tirpathi Respondent :- State Of U.P. And 64 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Azad Rai 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. 70 of 2021 (Shyam Narayan Tripathi and others Versus Ayodhya Prasad and others) under Section 144 of the U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner states that aforesaid case is pending since 2021 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. 2 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-Sub Divisional Magistrate, Phoolpur, District-Prayagraj to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of one year 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 :- 7.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad