Court No. - 1
Case :- WRIT - C No. - 27412 of 2020 Petitioner :- Smt Mohar Jhari Singh Respondent :- State Of U.P.And 5 Others Counsel for Petitioner :- Bhrigu Jee Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Sri Bhrigue Jee Singh, learned counsel for the petitioner and Sri Girish Vishwakarma, learned Standing Counsel for the State.
Counsel for the petitioner submits that respondent no. 2, Nayab Tehsildar Nagar, Ballia, District Ballia be directed to decide Case No. 10163 of 2018 (Computerized Case No. T201815090310163) (Moharjhari Vs. Shri Man) under Section 33/34 of Land Revenue Act, 1901, within a stipulated time.
This prayer is not opposed by the learned Standing counsel.
In view of such facts, the writ petition can be disposed of with a direction to respondent no. 2 to decide the aforesaid case of the petitioner on its own merits, if possible, within a period of six months from the date of receipt of computer generated copy of the order being passed today in PDF form strictly in accordance with law.
It is made clear that under no circumstances, counsel shall be allowed to not to appear before the Nayab Tehsildar concerned on account of there being any call by the Bar Association or Bar Council for abstaining from work.
In case, counsel fails to appear, then Nayab Tehsildar shall decide the case ex parte. He may also impose exemplary cost, which shall not be less than of Rs.2000/- per adjournment on the parties, who fails to make their counsel appear on the relevant date.
In above terms, the writ petition is disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 8.1.2021 S.K.S.