Kapil Dutta and Another v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 39486 of 2023 Petitioner :- Kapil Dutta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akash Jaiswara,Shrey Sharma Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No. 3 to decide the application dated 23.02.2023, under Section 30 of the U.P. Revenue Code, 2006 filed by the petitioners, registered as Case No. RST/439/2022, Computer Case No. D20221316000439 (Kapil Dutta & another v. Gaon Sabha), within stipulated period.

¶3Learned counsel for the petitioner states that opposite party appeared before the court below. The aforesaid case is pending since 2022 before respondent No. 3 for adjudication. He prayed that the same may be decided, expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No. 15 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.

¶5No 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 respondent No. 3 Sub Divisional Magistrate (Judicial), Bijnor, to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of three 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 :- 24.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad