Sushila Devi and Another v. State of U.P. and 18 Others

Court No. - 51 Case :- WRIT - C No. - 38819 of 2023 Petitioner :- Sushila Devi And Another Respondent :- State Of U.P. And 18 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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/A.D.M. (Administration),

Azamgarh

to

decide

Case No.D202215060000826 (Sushila vs. Archana and Others), under Section 38(2) of the U.P. Revenue Code, 2006, within the stipulated time.

¶3Counsel for the petitioners states that the aforesaid proceeding under Section 38(2) of the U.P Revenue Code, 2006 is pending before respondent no.2 since 2.3.2022. Copy of the order sheet has been annexed as Annexure No.3 to the writ petition, in order to demonstrate that the case is not proceeding according to the provisions contained under Rule 36(6) of the U.P. Revenue Code Rule, 2016 which provides 45 days period to decide the proceeding after receiving the report.

¶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 1 month, 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