Daya Prasad v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 39441 of 2023 Petitioner :- Daya Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raman Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J.

¶1Supplementary affidavit filed on behalf of the petitioner is taken on record.

¶2Counsel for the petitioner is permitted to make necessary correction in the prayer clause of petition during the course of the day.

¶3Heard learned counsel for the petitioner, Sri Aditya Kesari, learned standing counsel for the state-respondents and Sri Pankaj Kumar Gupta, learned counsel for respondent-gaon sabha.

¶4The instant writ petition has been filed, seeking a writ of mandamus,

commanding

respondent

no.3-Tehsildar/Assistant Collector, Tehsil Rudhauli, District Basti to decide Case No.67/2012-13 (Computerized Case No.T201317140400035) (State vs. Daya Prasad and Others), under Section 122-B of the U.P. Z.A. & L.R. Act, 1950, within the stipulated time.

¶5Counsel for the petitioner states that the an order for ejectment and damages passed by the Tehsildar in ex parte manner on 14.8.2013, was set aside on the restoration application filed by the petitioner and the case has been restored to its original number. He submitted that the proceedings are still pending before the Tehsildar which shall be decided in accordance with law.

¶6In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.3 to decide the aforesaid proceedings under Section 122-B of the U.P. Z.A. & L.R. Act, 1950, as expeditiously as possible, in accordance with law. Order Date :- 1.12.2023/C.Prakash High Court of Judicature at Allahabad