Court disposed of writ petition on consent, directing Assistant Collector to decide pending Suit No.340 under Section 122-B of UP ZA & LR Act within six months without unnecessary adjournments.
Direction to decide Suit No.340 under Section 122-B within six months.
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Court No. - 18
Case :- WRIT - C No. - 11831 of 2018 Petitioner :- Sandeep Kumar Respondent :- Gaon Sabha Bangaon, Pargana Ghisuva And 2 Others
Counsel for Petitioner :- Shri Chandra Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Manoj Kumar Yadav, learned counsel for the respondent no.1 and learned Standing Counsel for the State respondent no.3.
Notice need not be issued to the private respondent no.2, in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the Assistant Collector-I/Tehsildar, Machhalishahar, District Jaunpur to decide the Suit No.340 of 2002 (Gaon Sabha vs. Bhagauti Deen) under Section 122-B of UP ZA & LR Act within stipulated time.
Learned Standing Counsel fairly states that in case the aforesaid suit is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.3 to decide the aforesaid suit as expeditiously as possible and preferably within a period of six months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost.
Order Date :- 2.4.2018 RKP
2 issues framed by the court
Whether a direction to decide a pending suit under Section 122-B of UP ZA & LR Act within six months can be issued without expressing an opinion on merits.
Whether notice is required to be issued to a private respondent before disposing of the writ petition.
1 provisions across 1 enactments
Sandeep Kumar
Gaon Sabha Bangaon
State
Mahesh Chandra Tripathi
As recorded by the court registry
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