Court No. - 1
Case :- WRIT - C No. - 25941 of 2020 Petitioner :- Mahesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Bhushan Prasad Shrivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Brij Bhushan Prasad Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State.
Petitioner has filed this petition seeking a direction to respondent nos.2 and 3 i.e. Sub Divisional Magistrate, Tehsil Kasya, Kushinagar and Tehsildar, Tehsil Kasya, Kushingar to endorse the rasta (belonging to petitioner) in the revenue record on the basis of the order dated 26.03.2010 passed in Appeal No.1490/1496 under Section 11 (1) C.H. Act and order dated 08.01.2015 passed in Suit No.3006/2015 under Section 9 (A) 2 C.H. Act, situated in village Bishunpura, Bindwalia Pargaa Sidhua Jobaa, Tehsil Kasya, District-Kushinagar expeditiously.
Learned counsel for the petitioner submits that he has already filed an application dated 12.10.2020 before the respondent No.2 Sub Divisional Magistrate and Tehsildar Teshil Kashya, Kushinar with request to execute the order passed in case No.69-I/19.02.2015 (Mahesh Vs. Akhilesh), but no action has been taken by the Sub Division Magistrate.
It is submitted that respondent no.2 Sub Divisional Magistrate,Tehsil Kasya, Kushinagar be directed to decide this pending application.
This prayer is not opposed by learned Standing Counsel for the State.
In view of such facts, this writ petition can be disposed of with a direction to respondent no.2 Sub Divisional Magistrate,Tehsil Kasya, Kushinagar to consider this application as contained in Annexure No.6. In case petitioner approaches him within fifteen days along with the copy of the order being passed today then he shall decide the same on its own merits, referred to above, if possible, within a period of 90 days from the date of receipt of computer downloaded copy in PDF form of this order strictly in accordance with law.
In above terms, the writ petition is disposed off.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 7.1.2021 Pr/-