Hira Kali v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 36164 of 2023 Petitioner :- Hira Kali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner and Mr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State-respondents.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Additional District Magistrate, Bareilly (Administration), District-Bareilly to decide the Case No.983 of 2017 (D201712130983) (Hira Kali Vs. State of U.P.), under Section 38 (2) of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned proceedings under Section 38 (2) of U.P. Revenue Code, 2006 is pending before respondent no.2 since 2017. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.3 to the petition in order to demonstrate that the case is not proceeding expeditiously.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the aforementioned case on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.

¶5Accordingly, the writ petition is finally disposed of. Order Date :- 2.12.2023 Rameez High Court of Judicature at Allahabad