If the case is still within the grant and court should issue a direction to respondent for deciding the case within three months. Order Date - 2.7.2021.
A writ of mandamus issued commanding respondent no. 3 (Sub Divisional Magistrate) to decide the case for demarcation of land within three months.
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Court No. - 6
Case :- WRIT - C No. - 8634 of 2021 Petitioner :- Ram Gulam Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- R S Dubey,Savita Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri R.S. Dubey, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Learned counsel for the petitioner submits that the application for demarcation of the land of the petitioner under Section 24 of the U.P. Revenue Code, 2006, has not been decided. The aforesaid application was registered as Case no. T202105310400247 (Ram Gulam Sahani Vs Sanjay and others).
The only prayer made by learned counsel for the petitioner is that the application for demarcation of land may be decided within a stipulated period of time.
Learned Standing Counsel submits that the courts below are under an obligation of law to decide the proceedings within the time period stipulated in the statute.
In view of the submissions made at the bar, no useful purpose would be served by keeping this writ petition pending or exchanging any pleadings. With consent of parties the writ petition is disposed of with the following directions:
(i) A writ in the nature of mandamus is issued commanding respondent no. 3, Sub Divisional Magistrate, Tehsil Campierganj, District Gorakhpur to decide the Case no. T202105310400247 (Ram Gulam Sahani Vs Sanjay and others) filed by the petitioner for demarcation of land under Section 24 of the U.P. Revenue Code, 2006, preferably within a period of
three months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the application. The computer generated copy of such order be self attested by the counsel of the party concerned and the authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(ii) The respondent no. 3 shall hear all the necessary parties before passing any order.
(iii) All parties are directed to cooperate with the Sub Divisional Magistrate to ensure the conclusion of the proceedings in the above stipulated period of time.
It is provided that in case there is Corona outbreak the period of three months shall be extended for the lost working days. The officials and parties shall adopt all Corona precautions during the proceedings.
The writ petition is disposed of.
Order Date :- 2.7.2021 Pravin
1 issue framed by the court
Whether the writ court should issue a direction to the Sub Divisional Magistrate to decide the pending application for demarcation of land within three months.
1 provisions across 1 enactments
Ram Gulam
State Of U.P.
5 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
