Smt. Bhagwani Devi v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 40608 of 2023 Petitioner :- Smt. Bhagwani Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Afshan Shafaut,Sushil Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed for following relief: "a] Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 2 to decide the Case No. T202314700302466 (Rama Devi Versus Bhagwani Devi) under section 144 of U.P. Revenue Code, 2006 pending since

01.02.2023 within period of two months."

¶3Learned counsel for the petitioner states that petitioner is opposite party in the aforesaid suit which is pending since January, 2023. He prayed that the same may be decided, expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No. 3 to the writ petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.

¶5No useful purpose would be served in keeping this petition pending.

¶6Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2/Sub Divisional Magistrate, Tehsil Rajatalab, District Varanasi to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 4.12.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad