Smt. Shanti Devi v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 39329 of 2023 Petitioner :- Smt. Shanti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Shukla,Dhiraj Singh Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner and Mr. O.P. Sharma, learned Additional Chief Standing Counsel for the State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.2/ Sub Divisional Magistrate, Tehsil-Handia, District-Prayagraj to decide the restoration application No. RST/5816/2021 dated 08.09.2021 in Demarcation Case No. T20170232304334 (Smt.Shanti Devi Vs. Gaon Sabha) under Section 24 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that against the order passed in proceeding under Section 24 of U.P. Revenue Code, 2006 restoration application No. RST/5816/2021 dated

08.09.2021 filed by the petitioner is pending before respondent No.2 for adjudication. He further placed certified copy of the order sheet, which has been annexed as Annexure No.7 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶4Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2/Sub Divisional Magistrate, Tehsil-Handia, District-Prayagraj 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 :- 16.11.2023 PS* High Court of Judicature at Allahabad