Smt. Malti Devi v. State of U P and 2 Others

Court No. - 51 Case :- WRIT - C No. - 42168 of 2023 Petitioner :- Smt. Malti Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Tiwari Abhishek Rajesh Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

1.Heard Mr. Gyan Prakash Dwivedi, holding brief of Mr. Tiwari Abhishek Rajesh, learned counsel for the petitioner and Mr. Abhishek Shukla, learned Standing Counsel for the State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.2/ Naib Tehsildar (Madhya) Tehsil-Phoolpur, District-Prayagraj to decide the case No.1248 of 2022 Under Section 34 U.P. Revenue Code, 2006 (Malti Devi Vs. Ram Singh Patel) pending before the Court of Naib Tehsildar (Madhya) Tehsil-Phoolpur, District-Prayagraj within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned case is pending since 12.05.2022 for adjudication. He further placed certified copy of the order sheet, which has been annexed as Annexure No.2 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/ Naib Tehsildar (Madhya) Tehsil-Phoolpur, 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 :- 7.12.2023 PS* High Court of Judicature at Allahabad