The court directed the Sub Divisional Magistrate to conclude the pending restoration application hearing under Section 116 of the U.P. Revenue Code 2006 within six months to prevent further delay, noting no objection from the Gaon Sabha.
Direction to conclude pending proceedings under Section 116 of U.P. Revenue Code 2006 within six months.
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Court No. - 42 Case :- WRIT - C No. - 6181 of 2021 Petitioner :- Shyam Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaya Nath Patel Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1, 2 and 3 and Sri B.K. Tripahti, learned counsel for the respondent no. 4.
This writ petition has been filed for the following relief;
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the restoration application dated 20.12.2017 filed by the petitioner for recalling the order dated 08.11.2017 and 12.12.2017 passed by the respondent no. 2 (Sub Divisional Magistrate, Tehsil Machlisahar, District Jaunpur) in Case No. 300 of 2019, Computer Case No. T201914360300 (Moti Lal Vs. Ramashankar and others) under Section 116 of the U.P. Revenue Code 2006, which is pending in the court of respondent no. 2 within a stipulated period as fixed by this Hon'ble Court."
Learned counsel for the Gaon Sabha has no objection if this Court directs the respondent no. 2 to conclude the proceedings pending before him within a stipulated period of time.
No useful purpose would be served in keeping the matter pending, as such, the respondent no. 2 is directed to conclude the proceedings under Section 116 of U.P. Revenue Code 2006 in Case No. 300 of 2019, Computer Case No. T201914360300 (Moti Lal Vs. Ramashankar and others), in accordance with law, preferably within a period of next six months from the date of receipt of a copy of this order downloaded from the website of the High Court, after hearing all the parties concerned.
Writ petition stands disposed of.
Order Date :- 28.6.2021/Shekhar
1 issue framed by the court
Whether the respondent was directed to dispose of the pending land adjudication hearing application within a stipulated period?
1 provisions across 1 enactments
Shyam Lal
State Of U.P.
Respondent no. 2 (Sub Divisional Magistrate)
Gaon Sabha
Rohit Ranjan Agarwal
As recorded by the court registry
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