Back
2023 Supreme(All) 510
IN THE HIGH COURT OF ALLAHABAD
Chandra Kumar Rai, J.
Joomdhari – Petitioner
Versus
State Of U.P. And Others – Respondents
WRIT - C No. - 1101 of 2023
Decided On : 15-02-2023
Advocate Appeared:
For the Petitioner: Rati Bhan Singh
For the Respondent: Pradeep Singh
Headnote:
U.P. Revenue Code, 2006 - Section 116 - Nature of mandamus - Order to demonstrate - 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 District- to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of four 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 – Ordered Accordingly
JUDGMENT :
1. Heard Counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Pradeep Singh, Counsel for respondent No.3 Gaon Sabha.
2. The instant writ petition has been filed for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing respondent No.2 to decide the Case No.T-202016660107006 of 2020 under Section 116 of U.P. Revenue Code, 2006 (Joomdhari Vs. Jagdish and others) expeditiously within short stipulated period."
3. Copy 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.
4. Considering 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-Rabertsganj, District-Sonbhadra to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of four 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.
