Petitioner sought direction under S. 116 U.P. Revenue Code to decide his suit (O.S. No. 879 of 2018) within a stipulated time. Court disposed of petition observing expedient disposal within six months.
Direction to respondent No. 3 to decide Original Suit No. 879 of 2018 within six months.
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Court No. - 51
Case :- WRIT - C No. - 1668 of 2023
Petitioner :- Shyamji Alias Devi Dutta Shukla Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shyam Shankar Mishra,Vijay Kumar Mishra
Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Dharmendra Dwivedi, learned Advocate holding brief of Sri Shyam Shankar Mishra, learned counsel for the petitioner, Sri Sanjeev Pandey, learned Standing Counsel appearing for the Staterespondents and Sri Azad Rai, learned counsel representing the respondent Gram Sabha.
The petitioner stating himself to be the plaintiff in the suit has filed the present petition seeking a direction to respondent No. 3 to decide the Original Suit No. 879 of 2018 (Shyamji Vs. Ramji and Others), under Section 116 of the U.P. Revenue Code, 2006, within a stipulated time period.
Counsel for the State respondents submits that instructions dated 28.02.2023 have been received from the respondent No. 3, wherein the delay in disposal of the case is sought to be explained and it has been stated that 01.03.2023 was the date fixed in the case for arguments. It is submitted that efforts are being made to conclude the proceedings at an early date, after giving due opportunity to the parties concerned.
Counsel for the petitioners though not disputing the aforestated stand taken by the State respondents, seeks expeditious disposal of the pending proceedings.
Having regard to the aforementioned facts and circumstances, the
present petition is disposed of with an observation that the respondent No. 3 would make an endeavour to decide the aforesaid case in accordance with law expeditiously, preferably within a period of six months from the date of presentation of a certified copy of this order, provided there is no other legal impediment.
Order Date :- 22.3.2023 Arun K. Singh
[Dr. Y.K. Srivastava, J.]
Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled for a direction to decide the suit within a stipulated time period.
1 provisions across 1 enactments
Shyamji Alias Devi Dutta Shukla
State Of U.P.
5 Others
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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