Jitendra Pathak v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 41272 of 2023 Petitioner :- Jitendra Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Pandey 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 praying for a mandamus directing respondent No.2 to decide the Mutation Case No. 3189 of 2022, Computerized Case No. T202205440203189 (Jitendra Pathak v. Smt. Savitri Devi) dated

06.06.2022, under Section 35 of the U.P. Revenue Code, 2006 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. 2 for adjudication. He prayed that the same may be decided, expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No. 4 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. 2/Tehsildar Hata, Tehsil Hata, District Kushinagar 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 High Court of Judicature at Allahabad