Jaswant Singh v. State of U.P. and 9 Others

Court No. - 47 Case :- WRIT - C No. - 40107 of 2023 Petitioner :- Jaswant Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Prabha Shanker Bharti,Laxmi Sagar Yadav Counsel for Respondent :- CSC Hon'ble Manish Kumar Nigam,J.

¶1Learned counsel for the petitioner is permitted to amend the prayer clause of the writ petition, during the course of the day.

¶2Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶3The instant writ petition has been filed praying for a mandamus directing respondent No. 2 to decide the Suit No. 67 of 2019, under Section 116 of the U.P. Revenue Code, 2006 within stipulated period.

¶4Learned counsel for the petitioner states that opposite parties have appeared before the court below. The aforesaid case is pending since 2019 before respondent No. 2 for adjudication. He prayed that the same may be decided, expeditiously.

¶5From perusal of the order sheet, annexed as Annexure No. 3 to the writ petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.

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

¶7Considering 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 respondent No. 2-Sub-Divisional Magistrate, District-Gautam Budh Nagar to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of six months 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 :- 22.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad