Smt. Gulab Dei v. State of U.P. and 15 Others

Court No. - 51 Case :- WRIT - C No. - 42739 of 2023 Petitioner :- Smt. Gulab Dei Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Vinay Kumar Singh Singraur Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

¶1Heard Shri Vinay Kumar Singh Singraur, learned counsel for the petitioner, Shri Akhilesh Mishra, learned Standing Counsel for the State-respondents and Shri Azad Rai, learned counsel for respondent No.16, Gram Sabha.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Sub Divisional Officer, Phulpur, District Prayagraj to decide the Case No.613 of 2021 (Smt. Gulab Dei Vs.Neta Prasad and others), under section No.116 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned suit for partition filed at the instance of the petitioner is pending before respondent No.2 since 2021. He further placed copy of the order sheet, which has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the matter is not proceeding expeditiously.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to conclude the proceeding in the afore mentioned suit 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.

¶5Accordingly, the writ petition is finally disposed of. Order Date :- 11.12.2023 SFH High Court of Judicature at Allahabad