Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 3382 of 2021 Petitioner :- Amar Nath Kashyap Respondent :- Indra Pal Arora And Another Counsel for Petitioner :- Dinesh Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
This petition has been filed under Article 227 of the Constitution of India praying for direction to the Prescribed Authority/A.C.J.M. Ist, Mathura for expeditious disposal of the P.A. Misc. Case No. 4 of 2017(Amar Nath Kashyap Vs. Indra Lal Arora) within some stipulated period of time.
The brief facts of the petition are that petitioner filed P.A. Case No. 25 of 2010 under section 21(1) (a) of U.P. Act no. 13 of 1972 which was allowed by the judgement and order dated 29.8.2016 and disputed shop was released in favour of the petitioner by the Prescribed Authority/Additional Civil Judge(S.D.) Court no.1 , Mathura. Petitioner filed P.A. Misc. Case No. 4 of 2017 for the execution of the order passed by the Prescribed Authority dated 29.8.2016 on 18.4.2017, the same is still pending and the order of release has not been executed.The certified copy of the order sheet of the P.A. Misc. Case No. 4 of 2017 has been brought on record as annexure-3 to the petition.
Relying on the same learned counsel for the petitioner has submitted that no order has been filed in P.A. Misc. Case No. 25 of 2010 regarding stay of the order passed by the Prescribed Authority under execution. In paragraph-6 of the petition also such an averment has been made. Perusal of the order sheet shows number of dates have been fixed in the execution case and it has not been decided.
Considering the entirety of the facts and circumstances of the case the Prescribed Authority /A.C.J.M.,Ist , Mathura is directed to decide the P.A. Misc. Case no. 4 of 2017(Amar Nath Kashyap Vs. Indra Lal Arora) within a period of six months from date of production of copy of this order duly down loaded from the official website of the court.
With the aforesaid direction the petition stands disposed of.
Order Date :- 27.7.2021 Atul kr. sri.