Ramkali Devi v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 39078 of 2023 Petitioner :- Ramkali Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishwajit Kumar Mishra Counsel for Respondent :- C.S.C Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Vishwajit Kumar Mishra, learned counsel for the petitioner and Sri Anand Bhaskar Srivastava, learned Standing Counsel for the State.

¶2Present petition has been filed for following reliefs; a). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents do not restrain and interfere in the peaceful possession and construction of petitioners which stay has been vacated earlier dated 16.12.2022. b). Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub-Divisional Magistrate, Tehsil-Gyanpur, District Bhadohi to decide the Case No. 3772 of 2022 Computer Case No. T202216670403772 (Nandlal vs. Bhikham and others) under Section 116 of U.P. Revenue Code 2006, within a stipulated period as directed by the Hon'ble Court.

¶3At the very outset, learned counsel for the petitioner submits that he does not want to press the prayer (a). He wants to press only prayer (b).

¶4This Court in the case of Daya Shankar vs. State of U.P. and 4 others; 2023(6) ADJ 181, dated 19.05.2023, has already issued detailed directions for disposing of cases referable to the U.P. Revenue Code, 2006.

¶5In pursuance of the aforesaid judgement, the State Government has also issued Notification/ Government Order dated 6th September, 2023 directing all the revenue authorities/ revenue courts to decide the proceedings of U.P. Revenue Code, 2006 in a time bond manner.

¶6In view of above, the present petition is disposed of in terms of Daya Shankar (supra) case as well as Government Order dated 6th September, 2023.

¶7It is made clear that if the respondent no.2 fails to decide the proceeding mentioned in the present petition as per the directions of Daya Shankar (supra) case then the petitioner is at liberty to file contempt petition against the concerned officer. Order Date :- 28.11.2023 A.Kr. High Court of Judicature at Allahabad