Basmati Devi v. State of U.P. and 6 Others

Court No. - 47 Case :- WRIT - C No. - 41532 of 2023 Petitioner :- Basmati Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- CSC,Sudhir Bharti 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 praying for a mandamus directing respondent No. 2 to decide the Case No. 120 of 2010, Computerized Case No. T202005310201443, Ramesh & Another Vs. Ram Lali Devi & Others, under Section 176 of U.P.Z.A. &L.R. Act/ under Section 116 of the U.P. Revenue Code, 2006 within stipulated period.

¶3Contention of learned counsel for the petitioner is that partition suit is pending since 2010 and issues have already been framed. He prayed that the same may be decided, expeditiously.

¶4From perusal of the order sheet, annexed as Annexure No. 4 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 Officer, Tehsil-Khajani, District-Gorakhpur to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of six 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 :- 8.12.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad