Court No. - 40
Case :- WRIT - C No. - 17380 of 2021 Petitioner :- Lalti Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 and 2.
This petition has been filed with the following prayer:
"I. Issue a writ order or direction in the nature of Mandamus Commanding to direct the Sub-Divisional Magistrate (S.D.M.) Tehsil- Ghosi, District Mau to decide the case No. T20141551021002 (Lalti Devi Vs. Lavraji Devi), file under Section 166 U.P. Rajaswa Sanhita, 2006 expeditiously preferably within 4 months".
Learned counsel for the petitioner states that a suit for partition was filed by him in way back in the year 2014 but it is yet to be decided by the respondent no. 2.
Learned Standing Counsel states that though the respondent no. 2 is required to decide the case expeditiously, however, the decision may have been delayed due to the lockdown imposed during Covid-19 pandemic.
Under the circumstances, this petition is disposed of directing the respondent no. 2, Sub-Divisional Magistrate, Tehsil Ghosi, District Mau/ or the authority having jurisdiction to decide the aforesaid case expeditiously and preferably within a period of 12 months from the date a copy of this order is served upon him after providing opportunity of hearing to the parties concerned.
It is made clear that this Court has not made any observation on the merits of the case and the authority concerned shall decide the case in accordance with law.
Order Date :- 29.7.2021 A. V. Singh (Jayant Banerji, J.)