Chhatrapal v. The State of U.P. and 10 Others

Court No. - 51 Case :- WRIT - C No. - 40637 of 2023 Petitioner :- Chhatrapal Respondent :- The State Of U.P. And 10 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- CSC Hon'ble Chandra Kumar Rai,J.

¶1The instant petition has been filed for mandamus directing the respondent no. 2 i.e. Additional Commissioner (Judicial) Bareilly, Division Bareilly, to decide the Appeal No. 986 of 2023 (Computer Case No. C202312000000986) (Omkar & Others Vs. State of U.P. & Others), under Section 331 (3) of U.P. Z.A. & L.R. Act, within stipulated period.

¶2In the petition it is mentioned that against the order passed in the partition suit appeal under section 331(3) of U.P.Z.A. & L.R. Act filed by respondent no. 4 to 11 is pending before respondent no. 2 since July, 2023. The certified copy of the order-sheet has been annexed as Annexure No. 7 to the writ petition.

¶3Considering the fact and circumstances, respondent no. 2 i.e. Additional Commissioner (Judicial) Bareilly, Division Bareilly is directed to decide the aforementioned appeal on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of six months from the date of production of certified copy of this order before him.

¶4Accordingly, the writ petition is finally disposed of. Order Date :- 4.12.2023 Vibha High Court of Judicature at Allahabad