Court No. - 9
Case :- WRIT - C No. - 14615 of 2019 Petitioner :- Himanshu Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Kumar Dwivedi Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following relief:-
"(I) A writ, order or direction in the nature of mandamus commanding and directing to the Respondent No. 2 to decide the abatement cancellation application dated 06.06.2018 (Annexure No. 9 to this writ petition) filed by petitioner as Register Case No. RST-06202/2018 as Computer Case No. T201814180406202 (Himanshu Tiwari Vs. Devendra Pal Bhanut) Appeal No. 145 of 1998 (Himanshu Tiwari Vs. Devendra Bhanaut and others) Under section 201 of U.P. Land Revenue Act within stipulated time bound period as fixed by this Hon'ble Court, which is pending before the respondent no. 2."
It has been stated that the appeal filed by the petitioner was ordered to abate on account of pendency of a writ petition. The writ petition has since been decided finally and, therefore, an application is pending before the respondent no. 2 for reviving the appeal and for deciding it on merits.
The writ petition is therefore, disposed of directing the respondent no. 2 to deal with the application of the petitioner and in case necessity arises, thereafter with the appeal itself, as expeditiously as possible, preferably within a period of three months from the date a certified copy of this order is filed before him.
It is clarified that this Court has not applied its mind to the merits of the petitioner's claim nor has expressed any opinion thereon.
The respondent no. 2 is further directed to ensure that the orders on the application and the appeal of the petitioner shall be passed strictly in accordance with law after hearing all concerned.
Order Date :- 29.4.2019 Mayank