Court No. - 34
Case :- WRIT - C No. - 28240 of 2021 Petitioner :- Awesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Alok Mathur,J.
1. Heard Mohd. Monis, learned counsel for petitioner, learned Standing counsel for the State.
2. By means of the present writ petition, the petitioner has sought a writ of mandamus thereby commanding and directing the respondent No. 2/Sub- Divisional Magistrate, Khaga, District Fatehpur to decide the case bearing Case No. 496 of 2021 (Computer Case No. T202102250304534)(Awesh and another Vs. Gayadin and another) under Section 116 of U.P. Revenue Code, 2006 expeditiously.
2. It is noticed that the said suit was filed on 29.07.2021 before the expiry of six months which is provided as per the statute for deciding the said suit, the petitioner has rushed before this Court seeking a direction to the S.D.M. to decide the said suit expeditiously.
3. It is submitted that only two dates have been fixed and the notices were issued to the respondents and even appearance has not been put on behalf of the respondents.
4. Considering the abovesaid facts, no case for interference is made out. The authoriteis in all probabilities would proceed in accordance with law and it is only after giving opportunity to the parties concerned, the said suit can be decided.
5. Considering the aforesaid this petition is not entertainable at this stage and it is open to the petitioner in case there is any delay in deciding the said suit to approach this Court.
6. Accordingly, the writ petition is dismissed as premature.
(Alok Mathur, J.) Order Date :- 28.10.2021 Ravi/-