Deepak v. State of U.P. and 8 Others

Court No. - 47 Case :- WRIT - C No. - 30387 of 2023 Petitioner :- Deepak Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Anand Prakash Dubey,Satyendra Kumar Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the parties and perused the record.

¶3The instant writ petition has been filed for following praying: "(i) to issue a writ, order or direction in the nature of certiorari quashing the Order dated 27.12.2022 passed by respondent no. 2 in Case No. 4326 of 2022 (Computer Case No. T202211520104326), U/s 144 of U.P. Revenue Code, 2006 (Deepak Vs. Gram Sabha Kaul & others)."

¶4Learned Standing Counsel submitted that an application for extension of order has rightly been rejected by the court below as the suit filed by the petitioner being Suit No. 66 of 2022, under Section 144 of U.P. Revenue Code, 2006, is not maintainable for non joinder of the necessary parties as well as the suit is barred by limitation.

¶5Without going into all such questions, I am of the view that no 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/Sub Divisional Magistrate, Sadar, District Meerut to consider and decide the aforementioned suit filed by the petitioner, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a 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 :- 20.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad