Court No. - 38
Case :- WRIT - C No. - 6836 of 2019 Petitioner :- Gujrati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailesh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
This writ petition has been filed for a direction to respondent no.2, Naib Tehsildar, Tehsil Dhanghata, District Sant Kabir Nagar to decide mutation application/Case No. T201676577012934 within a stipulated period.
It is contended by Sri Shailesh Kumar Tripathi, learned counsel for the petitioner that pursuant to a gift deed executed in the year 2016, a mutation application was filed by the vendee/petitioner before the court competent but despite lapse of more than two years, the mutation application is not being decided. A certified copy of the order sheet has also been enclosed as Annexure no.2 to the writ petition.
A perusal of the order passed on 27.6.2018 reveals that the advocates are abstaining from work and the parties themselves were not present. The court below has observed that the parties concerned have not produced evidence and are unnecessarily delaying the case. The parties were directed to submit their evidence and objection before the next date fixed failing which it would be assumed by the court below that the parties are not interested to pursue their case and the matter shall be decided on the basis of available evidence.
In view of the aforesaid order passed by the court below, no direction is required to be passed in this writ petition. It is for the petitioner to appear before the court below and lead evidence.
This writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 26.2.2019 sfa/ (Jayant Banerji, J)