Krishna Kant and Another v. State of U.P. and 7 Others

Court No. - 51 Case :- WRIT - C No. - 40438 of 2023 Petitioner :- Krishna Kant And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vinod Kumar Rai Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner and Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Azad Rai learned Counsel for Respondent No.3/Gram Panchayat.

2.The instant writ petition has been filed for following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 (Up Ziladhikari, Tehsil Karchhana, District Prayagraj) shall decide the Case No. T202202030504498, Krishnakant vs. Rajkumar and Others, under Section 24 of the U.P. Revenue Code, 2006, pending before respondent no.2 (Up Ziladhikari, Tehsil Karchhana, District Prayagraj) since January 2022 within stipulated period provided by this Hon'ble Court.

(ii) Issue any suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iii) Award the cost of this writ petition in favour of the petitioners."

3.Counsel for the petitioner submitted that aforementioned demarcation proceeding is pending for last more than 1 year. He further submitted that certified copy of order sheet has been annexed as Annexure No.3 to the writ petition in order to demonstrate that case is not proceeding expeditiously as provided under Section 24(3) of U.P. Revenue Code, 2006.

¶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/Up Ziladhikari, Tehsil Karchhana, District Prayagraj 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