Court No. - 38
Case :- WRIT - C No. - 28358 of 2021 Petitioner :- Ashok Kumar Singh Respondent :- Deputy District Magistrate And Another Counsel for Petitioner :- Awadhesh Kumar Sharma,Sharda Vishwakarma Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Rajeev Misra,J.
Heard Mr. A.K. Sharma, learned counsel for petitioner, learned Standing Counsel representing respondent-1 and Mr. Azad Rai, learned counsel representing respondent-2.
Petitioner has filed present writ petition for a writ of mandamus commanding respondent-1, Deputy District Magistrate, Tehsil Phulpur, District Prayagraj to decide Case No. 06 of 2020 (Ashok Kumar Singh Vs. Gram Sabha) under Section 24 of U.P. Revenue Code, 2006 within stipulated period fixed by this Court.
Learned counsel for petitioner submits that petitioner filed an application dated 18.09.2020 under Section 24 of U.P. Land Revenue Code, 2006 for settlement of boudary dispute regarding his bhumidhari holding. Same came to be registered as Case No.06 of 2020 (Ashok Kumar Singh Vs. Gaon Sabha). Learned counsel for petitioner contends that in spite of the fact that a period of more than one year has rolled by from the date of filing of aforesaid case, same has not been decided till date. He has then invited attention of Court to Rule 24(3) of U.P. Revenue Code, 2006 and on basis thereof, he submits that authority concerned was duty bound to decide afore-mentioned case within a period of three months, which is the stipulated period under the Act for disposal of proceedings under Section 24 of U.P. Revenue Code, 2006. It is then submitted that non disposal of above-mentioned case even after expiry of one year cannot be justified in any manner. Once a statutory duty is cast upon respondent-1 to decide proceedings under Section 24 of U.P. Revenue Code, 2006 within specified period, respondent-1 was under a legal obligation to conclude the same within the period prescribed under the Act. On the aforesaid premise, learned counsel for petitioner submits that interest of justice shall be served in case a direction is issued to respondent-1 to decide above-mentioned case within a time bound period fixed by this Court. Consequently, mandamus as prayed for by petitioner is liable to be issued by this Court.
Per contra, learned Standing Counsel has opposed the prayer made by learned counsel for petitioner.
Having heard learned counsel for petitioner, learned Standing Counsel and upon perusal of record, this Court is of the view that no useful purpose shall be served in keeping the writ petition pending.
Accordingly, present writ petition is disposed of finally with a direction to respondent-1, Deputy District Magistrate, Tehsil Phulpur, District Prayagraj to decide Case No. 06 of 2020 (Ashok Kumar Singh Vs. Gram Sabha) under Section 24 of U.P. Revenue Code, 2006 with all expedition without granting any unnecessary adjournment to either of the parties preferably within a period of one month from the date of production of a certified/computer generated copy of this order which shall be filed by petitioner in afore-mentioned case by means of a notary affidavit.
Order Date :- 29.10.2021 Saif