In a writ petition under Article 226, the court sought to quash the petition for mandamus directing a Tehsildar to decide pending proceedings. The respondent failed to produce the ordersheet. As delay could not be ascertained, the petition was dismissed.
The writ petition was dismissed as the ordersheet was not on record to ascertain delay.
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Court No. - 28
Case :- WRIT - C No. - 28905 of 2018 Petitioner :- Surya Lal Bind Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Amit Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and perused the record.
Petitioner has prayed for the following relief:-
"issue a writ order or direction in the nature of mandamus directing the respondent no. 4 (Tehsildar, Tehsil-Machhalishahar, District Jaunpur) to decide the Case no. 315 as well as Computer No. 20171436580315 of 2017 U/s 67 (1) U.P. Revenue Code Rules 2016 (Gaon Sabha Vs Ambika Prasad) regarding the Arazi no. 30 area 0.040 hectare recorded as a Khal Nikalne Ki Jagah, in Revenue Record) pending since 2017 in the court of Tehsildar Tehsil- Machhalishahar, District- Jaunpur situated at VillagePhattupur Nisfi, Pargana-Mungra, Tehsil-Machhalishahar, DistrictJaunpur within stipulated period of time in accordance with law."
The ordersheet of the proceedings before the court below has not been brought on record.
In this view of the matter it cannot be ascertained whether the suit proceedings have been delayed for untenable reasons.
The writ petition is dismissed.
Order Date :- 30.8.2018 Pravin
3 issues framed by the court
Whether the writ petition for mandamus to decide pending case can be allowed in absence of record of ordersheet.
As procedure follows from facts not on record, the court could not determine delay.
Whether the petition survives the procedural lapse.
Surya Lal Bind
State Of U P
Ajay Bhanot
Pravin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
