Court No. - 36
Case :- WRIT - C No. - 42124 of 2019 Petitioner :- Foolpata Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner is requesting this Court to command the respondent no.2/Nayab Tehsildar (Shikandrapur), Tehsil Harraiya, District Basti to decide the Case no.361 (Foolpata vs. Shiv Prasad) under Section 22/34 L.R. Act.
It appears from the order-sheet, which is appended as Annexure 3 to the writ petition, that on most of the dates, the Advocates are abstaining from judicial work, in such a situation, only the Presiding Officer cannot be blamed. The Advocates are also equally responsible for functioning of the Court and disposal of the application under Section 22/34 L.R. Act. This is admitted situation that on account of non disposal of the said application, the petitioner/litigant is suffering.
In view of the above, the Writ Petition is disposed of asking respondent no.2/Nayab Tehsildar (Shikandrapur), Tehsil Harraiya, District Basti to decide the petitioner's aforesaid case within 60 days from the date of production of certified copy of this order without according unnecessary adjournment to either of the parties, except upon payment of Rs.150/-.
Order Date :- 18.12.2019 A. Pandey