Court No. - 6
Case :- WRIT - C No. - 23281 of 2021 Petitioner :- Ankur Yadav Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Deep Narayan Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Instructions received by learned Standing Counsel are taken on record.
Heard Sri Deep Narayan, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.
The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"(a). issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2, Naib Tehsildar, Burhanpur, Tehsil Burhanpur, District Azamgarh to decide the Case No.557 of 2018, Computer Case No.T201815060600557 (Narendra Nath and others Vs. Awadh Pratap), under Section 35 of U.P. Revenue Code, 2006 arising out of transfer report of Lekhpal dated 03.03.2018 within specific period as directed by this Hon'ble Court."
Learned Counsel for the petitioner submits that on the basis of transfer report of lekhpal dated 03.03.2018 wherein the name of the petitioner is mentioned as legal heirs of deceased, Harihar Nath a case was registered as Case No.557 of 2018, Computer Case No.T201815060600557 (Narendra Nath and others Vs. Awadh Pratap), under Section 35 of U.P. Revenue Code, 2006 in respect of the land of Khasra No.17 area 0.097 hectare, Khasra No.24M area 0.499 hectare, Khasra No.43M area 0.070 hectare, Khasra No.45 area 4.139, Khasra No.65 area 1.259 and Khasra No.82 area 0.081 hectare situated in Village Bhagwanpur, Pargana Ataraulia, Tehsil Burhanpur, District Azamgarh. An objection was also filed in the said mutation proceeding by private respondents on 30.05.2018 but till date the said proceeding has yet not been concluded.
The order sheet indicates that the case was adjourned due to the strike of lawyers.
Learned Standing Counsel on the basis of instructions received submits that the case will be decided within three months, hence, no useful purpose will be served in calling for counter affidavit and keeping the writ petition pending.
Considering the facts and circumstances of the case, without going into its merit and with the consent of the parties, the writ petition is disposed of with a direction to the respondent no.2, Naib Tehsildar, Burhanpur, Tehsil Burhanpur, District Azamgarh to decide the Case No.557 of 2018, Computer Case No.T201815060600557 (Narendra Nath and others Vs. Awadh Pratap), under Section 35 of U.P. Revenue Code, 2006 pending before it expeditiously, in accordance with law, with due notice to affected parties, preferably within a period of three months from the date of production of a certified copy of this order if there is no legal impediment.
The Writ Petition is, accordingly, disposed off. No order as to costs.
Order Date :- 17.12.2021 S.P.