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

Court No. - 47 Case :- WRIT - C No. - 40036 of 2023 Petitioner :- Achhaiver Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Satish Mohan Tiwari Counsel for Respondent :- C.S.C. 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 for following relief: "I) A writ order or direction in the nature of mandamus commanding to respondents to decide the stamp case no. 2161 of 2004 (State of U.P. Vs. Achhaiver), pending in the court of Sub-Divisional Magistrate, Deoria since 2004 within stipulated period which are fixed by this Hon'ble Court. II) A writ order or direction in the nature of mandamus directing the respondents to deposit the fine imposed upon the petitioner for legal validation of the sale deed of the petitioner in accordance with the UPZA & LR (Amendment) Act 2005 Govt. order-1032/Ek-1-2005-12/7/2003-31Ra-1 dated 13 June 2005. Otherwise petitioner shall suffer irreparable loss and injury."

¶3Learned counsel for the petitioner states that the aforesaid case is pending since 2004 for adjudication. He prayed that the same may be decided, expeditiously.

¶4No 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. 4 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 :- 30.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad