Chinni v. State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 36566 of 2023 Petitioner :- Chinni Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Pandey,Jyoti Pandey,Raghu Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Instructions have been produced by the learned Standing Counsel, which are taken on record

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

¶3The present petition has been filed for the following relief: "I. Issue the writ, order or direction in the nature of mandamus commanding the respondent mandamus no.3 i.e. Sub Divisional Magistrate, Pharenda, District Maharajganj to decide the Case No. T202105470 (Chinni and others versus Sitaram and others) Under Section 24 of U.P. Land Revenue Code, 2006, within stipulated period as fixed by this Hon'ble Court. II. Issue the writ, order or direction in the nature of mandamus commanding the Sub Divisional Magistrate, Pharenda, District Maharajganj to demarcated the arazi no. 826 area 0.047 hectare, Arazi no.829 area 0.022 hectare, and arazi no..827 area 0.097 hectare of village Nausagar Tehsil Pharenda District Maharajganj, period within stipulated as fixed by this Hon'ble Court."

¶4It has been contended by learned Standing Counsel that the last dated fixed in the proceedings was 18.11.2023. Since the proceeding is pending, no useful purpose would be served in keeping this petition pending.

¶5Considering 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. 3-Sub Divisional Magistrate, Pharenda, District Maharajganj to consider and decide the pending proceeding under Section 24 of the U.P. Revenue Code, 2006, in accordance with law, expeditiously, preferably within a period of two 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 :- 23.11.2023/Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad