Vishundayal Chauhan v. State of U.P. and 7 Others

Court No. - 51 Case :- WRIT - C No. - 38168 of 2023 Petitioner :- Vishundayal Chauhan Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vidya Dhar Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, Mr. Anil Srivastava, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent-Land Management Committee.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Additional Commissioner (Judicial-I), Varanasi Division, Varanasi to decide the Appeal No.852 of 2022, Computerized Case No.C20221400000852 (Bishun Dayal Vs. Lal Bahadur and Others), under Section 207 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the proceedings being Case No.852 of 2022 against the order dated 10.1.2022 passed under Section 30 of U.P. Revenue Code, 2006 is pending before respondent no.2 since 2022. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.6 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