Court No. - 42
Case :- WRIT - C No. - 16153 of 2021 Petitioner :- Bhagwan Devi Respondent :- Court Of Tehsildar And 2 Others Counsel for Petitioner :- Babit Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"Issue a writ order or direction in the nature of mandamus directing the respondent no. 1- Tehsildar Tehsil Budhanpur, District Azamgarh to decide the case no. 01265 and computer case no. T201815060601265 (Bhagwan Devi vs. Rajesh and another), under Section 35 of U.P. Revenue Code 2006, regarding Gata No. 206 area 0.453 hectare, Gata No. 222 area 0.231 hectare, total area 114 hectare i.e. 1140 square meter, situate in revenue village Jagdishpur Mohra, Pargana Atrauliya, Tehsil Azamgarh, District Azamgarh pending before the court of Tehsildar, Tehsil Budhanpur, District Azamgarh, expeditiously preferably within a stipulated period, in the interest of justice. "
A perusal of the order- sheet clearly indicates that except on two dates on every date advocates were abstaining from the work. This is a sorry state of affair.
In such view of the matter, I am not inclined to issue any such mandamus as prayed for in the writ petition.
The petitioner is at liberty to file an application for expeditious disposal before the court concerned, who shall consider and decide the same as expeditiously as possible in accordance with law.
It is further provided that in case, the parties are present in person before the authority concerned, the authority concerned may proceed to pass the orders on merits in accordance with law as expeditiously as possible preferably within a period of four months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
Learned Standing Counsel as well as the Registry of this Court is directed to sent a copy of this order to the concerned Bar Association within a period of 15 days from today so that the Bar Association and learned members of the concerned Bar Association may be sensitized about the working of the court and plight of the litigants from whom they have charged their professional fees.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 29.7.2021 Aditya