In a writ petition under Section 116 of the U.P. Revenue Code, 2006, the court directed the respondent authority to conclude pending final decree proceedings within one year, prohibiting unnecessary adjournments.
Respondent No. 2 directed to conclude proceedings expeditiously within one year; adjournments to be only for strong reasons.
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Court No. - 7
Case :- WRIT - C No. - 29204 of 2021
Petitioner :- Chauthi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Chandra Kumar Rai,J.
Heard Sri Pramod Kumar Pandey, counsel for the petitioners, Sri Bhupendra Kumar Tripathi for respondent no. 7 and the learned standing counsel for respondent nos. 1 & 2.
The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2 to expedite the proceedings of final decree of the Case No. 4150 of 2015 (Computerized Case No. T20151429104150), (Chauthi and another vs. Chandrika and another), under Section 116 of the U.P. Revenue Code, 2006, within the stipulated time.
I have perused the records. A preliminary decree was passed on 4.2.2001 and proceeding for final decree is pending before respondent no. 2. Copy of the order-sheet has been annexed as Annexure-7 to the writ petition, which demonstrates that the aforesaid proceedings are not proceeding expeditiously.
In view of the facts and circumstances, this petition is disposed of with the direction to respondent no. 2 to conclude the aforesaid proceedings expeditiously, preferably within a period of 1 year from the date of production of a certified copy of this order before the authority concerned.
It is made clear that authority concerned would not grant unnecessary adjournments, adjournments if any, shall be for strong and compelling reasons, else would attract exemplary cost.
Learned counsel for the petitioners undertakes not to seek any frivolous adjournment before the authority concerned.
Order Date :- 5.1.2022 C.Prakash
1 issue framed by the court
Whether the respondent authority must expedite the proceedings for passing the final decree pending since years.
1 provisions across 1 enactments
Chauthi
Respondent And Another
State Of U.P.
Others
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
