Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5236 of 2018 Petitioner :- Geeta Devi Respondent :- District Magistrate Bhadohi And 7 Others Counsel for Petitioner :- Ratnesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner has approached this Court to expedite and decide the Original Suit no.121/2017 (Geeta Devi vs. Bhagauti Prasad and others) pending before learned Civil Judge (Senior Division), Bhadohi, Gyanpur.
In view of the order proposed to be passed, notices need not to be issued to the private respondent.
Learned counsel for the petitioner states that the matter relates to Arazi no.12/1 ad-measuring area 0.29 hectare, situated at Village-Kodh, Deeh, Town Area Gopipur, Tehsil Gyanpur, District Bhadohi. Petitioner claims to be owner alongwith co-sharer but the third defendant respondent-Bhagauti Prasad moved an application for sanction of map and the Case no.76 of 2017 (Bhagauti Prasad vs. Geeta Devi) under Section 7(2) Ka of U.P. Regulation of Building Operation Act, 1958 and against the same, the petitioner had filed detailed objection and the same has been turned down by an order dated 24.08.2017.
Learned counsel for the petitioner states that once the objection has been turned down and thereafter the petitioner had filed suit for injunction alongwith 6-C application, even though the Trial Court has taken cognizance in the matter but no injunction order has been accorded and as such, request has been made that till the disposal of the 6-C application, the defendant-respondent be restrained not to carry out any construction on the disputed plot.
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ
531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of
the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to adjudicate the pending Original Suit no.121/2017 (Geeta Devi vs. Bhagauti Prasad and others), in accordance with law, as expeditiously as possible without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A. Pandey