Ghanshyam v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 31489 of 2023 Petitioner :- Ghanshyam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The present writ petition has been filed for the following relief: "1. issue a writ, order or direction in the nature of mandamus commanding and directing the Sub-District Magistrate/respondent no.2 to decide the representation/application of petitioner dated 26.8.2023 which is pending before him within stipulated period or so fix by this Hon'ble Court."

¶3Contention of learned Counsel for the petitioner is that in proceeding under Section 24 of the U.P. Revenue Code, 2006, an order has been passed on 14.6.2023 by Addl City Magistrate, Varanasi setting aside the report dated 28.11.2021 with a further direction that a report be submitted after fresh demarcation in accordance with law.

¶4Learned Counsel for the petitioner submitted that in compliance of the aforesaid order again on 18.7.2023, old report has been submitted by the Revenue Inspector.

¶5Learned Standing Counsel submitted that in case, the petitioner is aggrieved by the wrong report submitted by the Revenue Inspector, he may file his objections to the said report in the proceedings and the proceedings may be decided in accordance with law.

¶6No useful purpose would be served in keeping this petition pending.

¶7The present petition stands disposed of with a direction to respondent no.2 shall decide the proceedings under Section 24 of the U.P. Revenue Code, 2006 in Case No.22 of 2022 within a period of two months after considering its earlier order dated 14.6.2023 and the objections of the petitioner to the fresh report submitted by the revenue authorities in accordance with law after providing 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 :- 20.11.2023 S. Singh High Court of Judicature at Allahabad