Court No. - 6
Case :- WRIT - C No. - 34503 of 2021 Petitioner :- Irshad Ahmad Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Rajiv Joshi,J.
Heard Sri Dhirendra Singh, learned counsel for the petitioner, learned Standing counsel for respondent nos. 1 and 3 and Sri Rameshwar Prasad Shukla, learned counsel respondent no.3- Gaon Sabha.
The present writ petition under Article 226 of the Constitution has been filed for the following reliefs:-
" (i) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the Case No.12 of 2009 filed under Section 33/39 of U.P. L.R. Act now the Case No. 00931 of 2019 Computerized No. T201915510300931 u/s 201 U.P. Revenue Code, Mohd. Faiyajuddin Manager, Madarsa Nurul Islam Chak Mano @ Dargah Vs. Gram Pradhan Chak Mano @ Dargah within the stipulated time which this Hon'ble Court may fixed."
It is contended by learned counsel for the petitioner that respondent no.4 filed an application on 7.8.2008 under Section 33/39 of Land Revenue Act for recording the name of Madarsa Nurul Islam in place of Isalmia School over Gata No. 401M of Khata No. 470 situated in village Chak Mano@ Dargah, Pargana- Natthupur, Tehsil- Madhuban, District- Mau was allowed ex-parte vide order dated 10.12.2009 which was subsequently recalled on 18.1.2021 and the petitioner was directed to file objection, if any, thereafter petitioner filed his objection. The order-sheet indicates that nothing has been done after recalling the said order only general dates has been fixed in the matter.
Learned Standing counsel submits that no useful purpose would be served to keep the writ petition pending and suitable direction may be issued by this Court to the authority concerned for deciding the same in time bound manner.
In the facts and circumstances of the case, direction is issued upon respondent no.2 Sub-Divisional Officer Madhuban, to decide the Case No.12 of 2009 filed under Section 33/39 of U.P. L.R. Act now the Case No. 00931 of 2019 Computerized No. T201915510300931 u/s 201 U.P. Revenue Code, in accordance with law expeditiously, preferably within a period of six months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 23.12.2021 Akbar