Sudarshan Chaubey v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 42918 of 2023 Petitioner :- Sudarshan Chaubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kirti Kumar Singh Counsel for Respondent :- C.S.C,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Rameshwar Prasad Shukla for respondent no.3, Gram Sabha.

¶2The instant writ petition has been filed for following relief:- " Issue a writ, order or direction in the nature of mandamus directing the respondent No.2, Sub Divisional Magistrate, Tehsil and District Ballia to decide the declaratory suit No. 191/ 2022, Computerized case No. 202215090309108 (Sudarshan Chaubey Vs. Thakur Ji Prabandhak) filed on 9.12.2022 under Section 144 of U.P. Revenue Code, 2006, Mauja Peruiyan, Pargana, Tehsil Sadar, District Ballia, within stipulated period which may fix by Hon'ble this Court."

¶3Counsel for the petitioner submitted that aforementioned suit for declaration filed at the instance of the petitioner is pending since 9.12.2022.

¶4Copy of the order sheet has been annexed as Annexure No.3 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶5Considering 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, Sub Divisional Magistrate, Tehsil and District Ballia to consider and decide the aforementioned suit in accordance with law expeditiously and preferably within a period of six 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 :- 13.12.2023 Vandana Y. High Court of Judicature at Allahabad