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2012 Supreme(All) 379

PANKAJ MITHAL
CHANDRA BALI – Appellant
Versus
ADDITIONAL COMMISSIONER – Respondent


Advocates:
Counsel :
K.M. Tripathi for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard learned counsel for the petitioner.

2. Petitioner has invoked the writ jurisdiction of this Court for seeking a direction upon respondent No. 1 Additional Commissioner, Varanasi Division, Varanasi to decide appeal No. 35 of 2004 (Chandra Bali and Others v. Raja Ram and Others) filed under Section 331 of the U.P. Z.A. and LR Act within a stipulated period of time with further prayer that respondent Nos. 2 to 4 be restrained from interfering in his peaceful possession over gata No. 35 situate at Mauja-Pura Gambhir, Tehsil-Badlapur, District Jaunpur till the decision of the appeal.

3. Respondent Nos. 2 to 5 instituted suit No. 184/224 under Section 229-B of the Act. It was decreed on 26.5.2004. The said judgment, order and decree has been challenged by the petitioner in the above-referred appeal before the Additional Commissioner Varanasi Division, Varanasi. The appeal was filed on 13.7.2004.

4. The submission of the learned counsel for the petitioner is that the appeal is pending for the last 8 years and is not being decided.

5. The Court has experienced that every day about 5 to 10 writ petitions are coming on the land revenue side and under t


















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