This Single Judge Writ Court disposed of a petition challenging delayed demarcation proceedings. it directed the Sub Divisional Magistrate to complete the case within four months.
Direction to Sub Divisional Magistrate to decide the case expeditiously within four months.
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Court No. - 9
Case :- WRIT - C No. - 8034 of 2020 Petitioner :- Birendra Respondent :- Sub Divisional Magistrate And 10 Others Counsel for Petitioner :- Devendra Kumar Shukla Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Kaushal Kishore Mani for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
"A) Issue an appropriate order or direction directing the Sub Divisional Magistrate, Tehsil Kaptanganj, District Kushinagar to expedite the proceedings in Case No.29/2019 (Computerized Case No.T201905440600029) Birendra others Vs. Kuber others, under Section 24 of U.P. Revenue Code, 2006 Mauja Ranmandir, Tappa arvarpar, Pargana Haveli, Tehsil Kaptanganj, District Kushinagar and complete the same expeditiously within a stipulated period as fixed by this Hon'ble Court ."
It is stated that the case for demarcation was filed in the year 2019 and the requisite deposit was also made by the petitioner but no action has been taken and the demarcation has not been made till date.
Under the circumstances, this writ petition is disposed of directing the Sub Divisional Magistrate, Tehsil Kaptanganj, District Kushinagar to endeavour to decide the case of the petitioner, expeditiously, preferably within a period of four months from the date a copy of this order is filed before him.
Order Date :- 22.10.2020 RKM
1 issue framed by the court
Whether the Sub Divisional Magistrate is directed to expedite demarcation proceedings under Section 24 of U.P. Revenue Code, 2006.
Birendra
Sub Divisional Magistrate
Anjani Kumar Mishra
As recorded by the court registry
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