Amar Nishad v. State of U.P. and 9 Others

Court No. - 47 Case :- WRIT - C No. - 42139 of 2023 Petitioner :- Amar Nishad Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Vinay Kumar Jaiswal,Vivekanand 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 i.e. Sub Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar to decide the Case No. 8488/2023 (Computerized Case No. T-202305440308488) (Amar Nishad Vs. Vijay and others) under Section 67-A(2), U.P. Revenue Code, 2006, expeditiously preferably within a short period as fixed by this Hon'ble Court in accordance with law."

¶3Learned counsel for the petitioner states that the lekhpal has submitted its report but final decision has not been taken. 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 Tamkuhiraj, District Kushinagar to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of three months 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 :- 6.12.2023/Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad