Brijbhan v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 38829 of 2023 Petitioner :- Brijbhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar,Deepmala Asoliya Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner and the learned standing counsel for the state-respondents.

¶2The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2/Tehsildar (Judicial), Tehsil Sadar, District Azamgarh to decide Case No.1466/2022

(Computerized

Case No.T202215060102476),

Case

No.1467/2022 (Computerized Case No.T202215060102478) & Case No.1468/2022

(Computerized

Case No.T202215060102479) (Brijbhan vs. Ramfer @ Rampyare and Others), under Sections 34/35 of the U.P. Revenue Code, 2006, within the stipulated time.

¶3Counsel for the petitioner states that the aforesaid proceedings under Section 34/35 of the U.P. Revenue Code, 2006 is pending before respondent no.2 since

16.11.2022. Copy of the order sheet in Computerized Case No.T202215060102476 has been annexed as Annexure No.4 to the writ petition, in order to demonstrate that the case is not proceeding according to the provisions of Rule 34(7) of the U.P. Revenue Code Rules, 2016.

¶4In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to decide the aforesaid proceedings to its logical conclusion, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 8.11.2023 C.Prakash High Court of Judicature at Allahabad