The High Court, exercising its writ jurisdiction, directed the Sub Divisional Magistrate to decide a pending case under the U.P. Revenue Code within six months to prevent further delay in proceedings.
Directive to Respondent No. 2 to decide case no. 01195 of 2020 within six months after receipt of the order's copy.
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Court No. - 32
Case :- WRIT - C No. - 6306 of 2021
Petitioner :- Smt. Kalawati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Phool Chandra Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Phool Chandra, learned counsel for the petitioner and learned Standing Counsel for the respondent State.
Notice need not to be sent to the respondent nos. 3 to 5, at this stage.
This writ petition has been filed seeking direction to the respondent no. 2 to decide the case no. 01195 of 2020 (State Vs. Naresh Singh and others) filed under Section 104/105 of the U.P. Revenue Code, 2006 within a stipulated period.
It is contended by learned counsel for the petitioner that proceedings under 104/105 of the U.P. Revenue Code, 2006 is pending consideration before the authority concerned since the year 2020.
No useful purpose would be served in keeping the matter pending, as such, respondent no. 2/Sub Divisional Magistrate, Sirathu, District Kaushambi, is directed to decide the case no. 01195 of 2020 (State Vs. Naresh Singh 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 :- 11.8.2021 Shekhar
2 issues framed by the court
Whether the respondent authority directing to decide the pending proceedings under Section 104/105 of the U.P. Revenue Code, 2006.
Whether a timeline should be prescribed for deciding the case to avoid undue delay.
1 provisions across 1 enactments
Smt. Kalawati
State Of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
