Court No. - 5
Case :- WRIT - C No. - 11098 of 2018 Petitioner :- Chandra Kant And 5 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Satyendra Kumar Mishra,Jai Prakash Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Satyendra Kumar Mishra, learned counsel for the petitioners and Sri Abhishek Shukla, the learned Standing Counsel.
This writ petition is preferred for seeking a direction in the nature of mandamus commanding respondent no.2 / Sub- Divisional Officer, Tehsil - Sadar, District Kanpur Nagar to decide Case no.106/44/2007-08 (State Vs. Krishna Kumar Pandey and others), under Section 33/39 of U.P. Land Revenue Act, 1901, within a stipulated period.
The learned Standing Counsel submits that no useful purpose would be served by keeping the petition pending, it be disposed of by giving appropriate direction to the authority concerned.
The writ petition is disposed of with the direction to respondent no.2 / Sub-Divisional Officer, Tehsil - Sadar, District Kanpur Nagar to decide Case no.106/44/2007-08 (State Vs. Krishna Kumar Pandey and others), under Section 33/39 of U.P. Land Revenue Act, 1901, as expeditiously as possible, preferably within 4 months from the date of production of certified copy of the order.
Learned counsel for the petitioners undertakes that they shall not seek any adjournment and so also is expected from the private respondents, except for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.250/- payable to the other side.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
Service of certified copy of this order upon the respondent concerned shall constitute sufficient notice upon him to submit a compliance report.
The authority concerned shall submit Compliance report in Chambers on 25.9.2018 at 4:00 P.M.
Order Date :- 28.3.2018 / N.S.Rathour