Court No. - 6
Case :- WRIT - C No. - 42120 of 2019 Petitioner :- Jagjivan And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Kameshwar Rao Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
"I) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.2/ Additional Commissioner (Administration) Varanasi Division, Varanasi to decide the appeal no.44 of 1983 (Bachanu Versus Ram Kewal and others) before the Commissioner Varanasi Division, Varanasi under Section 331 of U.P. Zamindari Abolition and Land Reforms Act pending before him expeditiously within three months or within stipulated period as fixed by this Hon'ble Court."
By means of this writ petition, petitioner seeks directions for expeditious disposal of an appeal arising out of a suit under Section 229B is stated to be pending since the year 1983.
It transpires from the material available on record that the file of the case has been misplaced and an order was passed for its reconstitution.
The appeal sought to be expedited cannot be decided, till such time, its record has been reconstituted.
Counsel for the petitioner is not in a position to state as to whether the record has been duly reconstituted or not.
Under the circumstances, this writ petition is disposed of directing the Court concerned to decide the appeal expeditiously after the record of the appeal has been reconstituted as has been ordered in July 2019.
Order Date :- 18.12.2019 RKM