Sanjay Kumar Singh v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 38624 of 2023 Petitioner :- Sanjay Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachida Nand Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned Counsel for the parties and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing the respondent No.2, Tehsildar, Tehsil-Basgaon, District-Gorakhpur to decide the Case No. 1239 of 2016 (Computerized Case No.D-T20160531011239) under Section 34/35 of the U.P. Revenue Code, 2006.

¶3Learned Counsel for the petitioner submitted that opposite party appeared before the court below and has filed objections. The aforesaid case is pending since 2016 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 and the opposite party has appeared before the court below, 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 the respondent No.2, Tehsildar, Tehsil-Basgaon, District-Gorakhpur to consider and decide the aforementioned case in accordance with law 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 provided that there is no other legal impediment. Order Date :- 8.11.2023 S. Singh High Court of Judicature at Allahabad