The court disposed of the writ petition seeking direction to a Sub Divisional Magistrate to conclude a pending proceeding under Section 38(2) of U.P. Revenue Code, 2006 within four months.
Direction to Sub Divisional Magistrate to conclude proceeding under Section 38(2) of U.P. Revenue Code, 2006 within four months.
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Court No. - 32
Case :- WRIT - C No. - 17738 of 2021
Petitioner :- Mohd.Yusuf Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Shamim Khan,Abdul Zarrar Khan
Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Sri Deepak Singh Patel, Advocate holding brief of Sri Mohd. Shamim, learned counsel for the petitioners and learned Standing Counsel for respondents no.1 & 2.
Notice need not be issued to respondent no.3.
This writ petition has been filed with the following prayer:-
"i.) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2/Sub Divisional Magistrate, Tehsil-Naugarh, DistrictSiddharthnagar to decide the Case No.05298/2019 (Computerize Case No.T201917630105298) Under Section 38(2) U.P. Revenue Code, 2006 within stipulated period which is pending before the respondent no.2. "
It is contended that the proceeding under Section 38(2) of the U.P. Revenue Code, 2006 which is pending consideration before respondent no.2. The sole prayer has been made to conclude the proceeding at the earliest.
Learned Standing Counsel does not oppose the sole prayer so made for early disposal of the proceeding.
As no useful purpose would be served in keeping the matter pending, with the consent of the parties, the matter is being disposed of at this stage without calling for counter affidavit or issuing notice to respondent, with a direction upon respondent no.2-Sub Divisional Magistrate, Tehsil-Naugarh, DistrictSiddharthnagar to conclude the proceeding, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of four months from the date of production of copy of this order, downloaded from the official website of Allahabad High Court.
Writ petition stands disposed of.
Order Date :- 4.8.2021 SK Goswami
1 issue framed by the court
Whether the Sub Divisional Magistrate should be directed to conclude pending proceeding under Section 38(2) of U.P. Revenue Code, 2006 expeditiously.
1 provisions across 1 enactments
Mohd. Yusuf Khan
State Of U.P.
Sub Divisional Magistrate, Tehsil-Naugarh, District Siddharthnagar
Rohit Ranjan Agarwal
As recorded by the court registry
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