Court No. - 5
Case :- WRIT - C No. - 11164 of 2018 Petitioner :- Dashwant Respondent :- Sub Divisional Magistrate Azamgarh And Another Counsel for Petitioner :- Sitaram Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Sitaram Yadav, learned counsel for the petitioner 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.1 . Sub- Divisiona Magistrate, Tehsil- Sadar, District- Azamgarh to decide Restoration Application no. 421 dated 28.2.2005 (Mohan Vs. Gaon Sabha) under Section 229-B of U.P.Z.A. & L.R. Act, 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.1 . Sub-Divisiona Magistrate, Tehsil- Sadar, District- Azamgarh to decide Restoration Application no. 421 dated 28.2.2005 (Mohan Vs. Gaon Sabha) under Section 229-B of U.P.Z.A. & L.R. Act, either on the next date fixed, but not later than 2 months from the date of production of certified copy of the order.
Learned counsel for the petitioner undertakes that he 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 18.7.2018 at 4:00 P.M.
Order Date :- 28.3.2018 / N.S.Rathour