Ram Ashish and Another v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 40573 of 2023 Petitioner :- Ram Ashish And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mainuddin Ahamad Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the respondent-Gaon Sabha.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Sub-Divisional Magistrate, Sadar, District-Mau to decide the Case No.1378 of 2023, Computerized Case No.T202315510101378 (Ram Ashish and Another vs. State), under Section 38 (2) of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the proceeding under Section 38 (2) of U.P. Revenue Code, 2006 is pending before respondent no.2 since January, 2023. He further submitted that certified copy of order sheet of the case has been annexed as Annexure No.2 to the petition in order to demonstrate that the case is not proceeding expeditiously.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to conclude the proceedings of aforementioned case on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order before him.

¶5Accordingly, the writ petition is finally disposed of. Order Date :- 28.11.2023 Rameez High Court of Judicature at Allahabad