Suresh @ Suresh Bind Vs State of U.P. and 9 Others

Court No. - 52

Case :- WRIT - C No. - 23868 of 2022

Petitioner :- Suresh @ Suresh Bind Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Shailesh Kumar Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Shailesh Kumar, learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 to 4, Mr. Bhupendra Kumar Tripathi, learned counsel for respondent No.5, Gaon Sabha.

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The instant writ petition has been filed for the following reliefs:

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"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent to fix stone marking (Patthargadi) over the Mey (Med) of the petitioner of Plot No.537 area 0.352 hectare, 541 area 0.0400 hectare situated at Village, village-Bhatpura, Pargaa Auguli, Tehsil-Shahganj, District-Jaunpur.

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(ii) issue a writ order or direction in the nature of mandamus respondents to decide the applications dated 12.01.2022, 24.01.2022 and 21.05.2022 moved by the petitioner.

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(iii) issue any other suitable order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

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This Court vide order dated 06.09.2022 passed the following orders:

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"The Sub-Divisional Magistrate, Tehsil Shahganj, District Jaunpur shall submit a report within a week explaining why he has not caused his own order of demarcation dated 23.9.2020 passed in Case No. 02921 of 2018, Computerized Case No. T2018143600102921, (Suresh vs. Gram Panchayat and others) to be carried into effect by affixation of boundary marks. The report shall be submitted positively by the next date fixed.

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Lay this matter as fresh on 14.9.2022.

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Let this order be communicated to Sub-Divisional Magistrate, Tehsil Shahganj, District Jaunpur through the Collector, Jaunpur, by the Registrar (Compliance) within 48 hours."

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In pursuance of the order dated 06.09.2022 instruction has been placed before the Court. In the the instruction, order dated 12.09.2022 has been annexed by which the restoration application dated 06.10.2020 filed by respondent Nos. 6 has been allowed and order for demarcation dated 23.09.2020 has been set aside and the case has been restored to its original number. It is also mentioned in the instruction that now the case will be decided expeditiously in accordance with law.

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Learned counsel for the petitioner further submitted that once the proceeding was finalized in favour of the petitioner on 23.09.2020, same shall be given effect to on the spot and by way of restoration the matter was lingered on for about 2 years hence the present writ petition was filed by the petitioner to pass order for implementation of demarcation proceeding on spot forthwith.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.3 i.e. Sub Divisional Magistrate, Tehsil Shahgaj, District-Jaunpur to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.

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Order Date :- 14.9.2022

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PS*

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Digitally signed by PRITI SHARMA Date: 2022.09.15 11:23:32 IST Reason: Location: High Court of Judicature at Allahabad

Suresh @ Suresh Bind v. State of U.P. and 9 Others

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Suresh @ Suresh Bind v. State of U.P. and 9 Others

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