Court No. - 9
Case :- WRIT - C No. - 14300 of 2019 Petitioner :- Komal (Deceased) Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kripa Shanker Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief -
"(i) Issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no.3 to decide the suit no.64/88 of 2011-2012 (Computerized Suit No.T-20121564281) Mewati Devi Vs. Komal, which is pending since 2012 under Section 229-B of U.P.Z.A. & L.R. Act, before respondent no.3 forthwith, preferably within stipulated period by this Hon'ble Court."
From the submissions made and from perusal of the partial order sheet available on record, it transpires that in the aforesaid suit for declaration under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, the issues have not yet been framed. It necessarily follows that the parties have not yet adduced their evidence.
Under the circumstances, there appears no justification for issuing any directions for disposal of the suit in a time bound manner.
Therefore, the writ petition is disposed of with the observation that the respondent no. 2, Collector, Azamgarh, may endeavour to decide the suit of the petitioner, as expeditiously, as possible without granting any unnecessary adjournment to any of the parties, thereto.
Order Date :- 26.4.2019 RKM