Court No. - 6
Case :- WRIT - C No. - 38873 of 2019 Petitioner :- Ajay Kumar And 3 Others Respondent :- The Commissioner Azamgarh Mandal And 15 Others Counsel for Petitioner :- Vipul Kumar Dubey,Manoj Kumar Dubey Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Ramesh Chandra Upadhyay for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
"I) Issue a writ, order or direction in the nature of mandamus commanding and directing the learned Commissioner Azamgarh Mandal Azamgarh to consider and decide the Stay application filed in Appeal No.54A (Computer No.201915000000700) (Ajay Kumar and others Vs. Barkhu and others) Under Section 331 of U.P.Z.A. and L.R. Act, 1950, Mauja Mubarakpur, Pargana Devgaon, Tehsil Lalganj, District Azamgarh within stipulated period at an early date as may be fixed by this Hon'ble Court."
It appears that the petitioner has filed a belated appeal against the final decree in a suit for partition. From perusal of the order sheet, it transpires that till date, the delay in filing the appeal has not been condoned.
Till such time, the delay is condoned and the application under Section 5 of the Indian Limitation Act is allowed, the said stay application is not liable to be considered.
Under the circumstances, this writ petition is disposed of directing the Court concerned, the Commissioner, Azamgarh Division, Azamgarh to endeavour to decide the delay condonation application of the petitioner within a period of eight weeks from today and thereafter, in case, necessity arises, to proceed with the appeal strictly in accordance with law.
Order Date :- 29.11.2019 RKM