Sursatti v. State of U.P. and 6 Others

Court No. - 51 Case :- WRIT - C No. - 37374 of 2023 Petitioner :- Sursatti Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Aqeel Ahmad Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner, Mr. Atul Kumar Srivastava, learned Standing Counsel for State-respondents and Mr. Rameshwar Prasad Shukla, Counsel for respondent no. 5, Gaon Sabha.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Sub Divisional Magistrate, Tehsil Phoolpur, District Azamgarh to decide the case No. 471 of 2023, Computerized case No. T2023150603004711 (Sursati and Others Vs. Durjan and Others) under Section 24 of U.P. Revenue Code, 2006 within stipulated period.

¶3Counsel for the petitioner submitted that the aforesaid case is pending before respondent no.2 for adjudication. He further submitted that more than one year has been passed but the proceeding under Section 24 of U.P. Revenue Code, 2006 has not been concluded.

¶4Certified copy of the order sheet has been annexed as Annexure No.3 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2, Sub Divisional Magistrate, Tehsil Phoolpur, District Azamgarh to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 29.11.2023/ Vandana Y. High Court of Judicature at Allahabad