Court No. - 42
Case :- WRIT - C No. - 24133 of 2021 Petitioner :- Lalit Kumar Respondent :- Sub Divisional Magistrate And 6 Others Counsel for Petitioner :- Archana Singh,Prem Shankar Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Learned counsel for the petitioner states that he has already served a copy of the petition on Sri Sudhir Bharit, learned counsel appearing for the Gaon Sabha.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents and Sri Pradeep Singh, learned counsel on behalf of Sri Sudhir Bharti.
Present petition has been filed seeking a direction to respondent no. 1-Sub Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar to consider and decide the Case no. 06436 of 2020 (Lalit Kumar vs. Sachindar and others) under section 116/1 of U.P. Revenue Code, 2006 within stipulated period.
A perusal of order-sheet reflects that except on one date on all other dates the lawyers are abstaining from work.
I have considered the question for granting mandamus in such cases in the case of Prafull Kumar vs. State of U.P. and another, Writ C No. 17927 of 2021 decided on 3.8.2021.
In such view of the matter, I do not find any good ground to grant relief as prayed for in the present petition.
At this stage, learned counsel for the petitioner submitted that in case the parties are available and appear in person, the authority concern may proceed to decide the case.
Accordingly, the writ petition is disposed of with a direction that in case the parties appear in person before the authority concerned, the authority concerned shall proceed to pass order in accordance with law, as expeditiously as possible.
It is made clear that this Court has not considered the claim of the petitioner on merit.
Order Date :- 24.9.2021 Lalit Shukla