Court No. - 6
Case :- WRIT - C No. - 36433 of 2019 Petitioner :- Mahendra Nath Upadhyay Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Nripendra Kumar Dwivedi Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
The petition has been filed seeking the following relief-
i. A writ order or direction in the nature of mandamus commanding and directing the Sub District Magistrate, Bhadohi, District Bhadohi i.e. respondent no.1 to decide the Original Suit No.T201816670502141 of 2018 U/s 144 of U.P. Revenue Code-2006 pending in the court of Sub District Magistrate, Bhadohi, District Bhadohi after giving an opportunity of hearing to both the parties.
The petitioner seeks direction for expeditious disposal of his declaratory suit under Section 144 of the U.P. Revenue Code, 2006 instituted in the year 2018.
Perusal of the order sheet of the proceedings appended to the writ petition reveals that the written statement has not been filed, although the dependants appear to have been served. It therefore, follows that the issues have not been framed, neither the parties have led their evidence.
Under the circumstances, this writ petition is disposed of directing the respondent no.1 Sub District Magistrate, Bhadohi to endeavour to decide the partition suit of the petitioner, expeditiously, preferably within a period of eighteen months from the date a certified copy of this order is filed before him.
Order Date :- 29.11.2019 C. MANI