The court directed the Commissioner, Gorakhpur Division, to decide Appeal No. 368G of 2019 within three months, without adjudicating on the merits of the underlying case.
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Court No. - 7
Case :- WRIT - C No. - 2142 of 2021
Petitioner :- Bheemsen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kant Rai Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the parties.
The sole prayer in the writ petition is that the Appeal No. 368G of 2019, Computerized Suit No. C-201905000001320 (Sadanand Pandey vs. Bheemsen and Others), under Section 38 of U.P. Revenue Code, 2006, be decided within a stipulated period of time.
Under such circumstances, without going into the merits of the case, it is, therefore, directed that the respondent No.2, Commissioner, Gorakhpur Division, Gorakhpur, will decide the Case No. 368G of 2019, Computerized Suit No. C- 201905000001320 (Sadanand Pandey vs. Bheemsen and Others) within a period of three months from the date of presentation of a copy of this order which shall be duly certified by the counsel for the petitioner.
With these observations the writ petition is, accordingly, disposed of.
Order Date :- 28.1.2021 vkj
1 issue framed by the court
Whether the omission to decide an appeal within a stipulated time warrants intervention under Article 226.
1 provisions across 1 enactments
Bheemsen
State Of U.P.
Commissioner, Gorakhpur Division
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
