Israwati Devi v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 40472 of 2023 Petitioner :- Israwati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing Respondent No.2/Tehsildar (Judicial), Salempur, Tehsil-Salempur, District-Deoria to decide the Case No.RST/3337/2022, Computer Case No.T202205200203337 (Rajesh and Others Vs. Kalpanath) under Section 34 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned case is pending since 13.10.2011 for adjudication. He further placed certified copy of the order sheet, which has been annexed as Annexure No.1 to the writ petition in order to demonstrate that the case is not proceeding, according to the provisions contained under Rule 34 (7) of U.P. Revenue Code, Rules 2016.

¶4Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to Respondent No.2/Tehsildar (Judicial), Salempur, Tehsil-Salempur, District-Deoria to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 2.12.2023 PS* High Court of Judicature at Allahabad