Brajesh Kumari v. Naib Tehsildar, Musafir Khana, Amethi and Others

Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 5960 of 2023 Petitioner :- Brajesh Kumari Respondent :- Naib Tehsildar, Musafir Khana, Amethi And Others Counsel for Petitioner :- Pramod Kumar Singh,Anshuman Singh Rathore Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite party no.1. In view of order being passed, notices to opposite parties 2 to 6 stand dispensed with.

¶2Petition has been filed under Article 227 of the Constitution of India seeking a direction to authority concerned for expeditious disposal of Suit No.3044/2019 (Computerized Case No.T201904710203044(Braejsh Kumari v. Ranvijay Singh & others) instituted by petitioner under Section 35(1)(ga) of U.P. Revenue Code, 2006.

¶3Learned counsel for petitioner submits that aforesaid proceedings have been pending for the past four years in which notices have already been served upon opposite parties but as would be evident from order dated 18.05.2023, ex parte proceedings were drawn against opposite parties with no recall application having been filed against aforesaid order. Despite said fact, proceedings are yet pending.

¶4In view of submissions advanced by learned counsel for petitioner and upon perusal of material on record, Opposite Party no.1 i.e. Naib Tehsildar, Musafir Khana, Amethi is directed to decide Suit No.3044/2019 (Computerized Case No.T201904710203044(Braejsh Kumari v. Ranvijay Singh & others) instituted by petitioner under Section 35(1)(ga) of U.P. Revenue Code, 2006 expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record of the proceedings, without granting any undue adjournments to either parties in case no recall is filed.

¶5Benefit of this order shall be available to petitioner only in case she cooperates in early disposal of the proceedings.

¶6With aforesaid observations, the writ petition stands disposed of. Order Date :- 24.11.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench