Single judge issued mandamus directing respondent to decide the petitioner's pending partition appeal under Section 331 of U.P.Z.A. & L.R. Act within four months.
Mandamus issued to decide appeal within four months; parties directed to cooperate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - C No. - 8698 of 2021 Petitioner :- Raghuvas Rai Respondent :- Additional Commissioner (Judicial) Azamgarh Division And Another Counsel for Petitioner :- A.P.Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri A.P. Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Learned counsel for the petitioner submits that the petitioner is 71 years of age and the proceedings arises out of a partition suit. The petitioner has filed an Appeal no. 45/A of 2019 (C201915000000836) under Section 331 of the U.P.Z.A. & L.R. Act, in this regard which has not been decided till date. The appeal was instituted in the year 2019.
The only prayer made by learned counsel for the petitioner is that the appeal 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 appeal 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. 1, Additional Commissioner (Judicial) Azamgarh Division, Azamgarh, to decide the Appeal no. 45/A of 2019 (C201915000000836) under Section 331 of the U.P.Z.A. & L.R. Act filed by the petitioner, preferably within a
period of four 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. 1 shall hear all the necessary parties before passing any order.
(iii) All parties are directed to cooperate with the Additional Commissioner (Judicial) Azamgarh Division, Azamgarh to ensure the conclusion of the proceedings in the above stipulated period of time.
It is provided that in case there is a 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 State is liable to decide a pending appeal under Section 331 of U.P.Z.A. & L.R. Act within a stipulated period.
1 provisions across 1 enactments
Raghuvas Rai
Additional Commissioner (Judicial) Azamgarh Division
Another
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
