Disposed

Ishwar Chand and 3 Others v. State of U.P. and 4 Others

Allahabad HC10 Feb 2023WRIC/4023/2023

Case brief

AI extract

What is this about?

The Court issued a writ of mandamus directing the Deputy Collector to decide the pending suit No. D200815510074 under the Uttar Pradesh Zemindari Abolition and Land Reforms Act, 1950, within six months, dismissing unnecessary adjournments.

What did the court decide?

Ordered respondent no.2 to decide the suit expeditiously within six months after affording hearing.

Ishwar Chand and 3 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Court No. - 43 Case :- WRIT - C No. - 4023 of 2023 Petitioner :- Ishwar Chand And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kripa Shanker Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

¶2

Hon'ble Kshitij Shailendra,J.

¶3

Heard Shri Kripa Shanker, learned counsel for the petitioners, Shri Rajesh Kumar Singh, learned Standing Counsel for the Staterespondent and Shri Rameshwar Prasad Shukla, learned counsel for the respondent-Gaon Sabha.

¶4

The instant writ petition has been filed with the prayer for mandamus commanding respondent no.2 to decide Suit No.D200815510074 (Jharkhandey & Ors. v. Bharat & Ors.) under Section 229-B of the U.P. Z.A. & L.R. Act within stipulated period.

¶5

Learned counsel for the petitioner submits that the suit was decided on 20.06.2016 whereafter an appeal was filed which was allowed by the Additional Commissioner (Judicial), Division, Azamgarh vide order dated 21.04.2022 and the matter was remanded back to decide the suit on merits after framing issues. Learned counsel for the petitioner further submits that order of remand was passed about ten months ago and the matter is being lingered on, therefore, the prayer of learned counsel for the petitioner is accepted.

¶6

Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

¶7

Considering the facts and circumstances of the case, arguments advanced by learned counsel for the parties, material available on record, it is directed that the aforesaid case be decided by respondent no.2-Deputy Collector, Tehsil-Sadar, District-Mau, in accordance with law, expeditiously, preferably within a period of six months from the date of production of certified copy of this order after affording due opportunity of hearing to all the parties and without granting any unnecessary adjournment to either of the parties.

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With the above directions, the writ petition is disposed of.

¶9

Order Date :- 10.2.2023/Jyotsana

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Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Ishwar Chand and 3 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Ishwar Chand and 3 Others v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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