Court No. - 42
Case :- WRIT - C No. - 16658 of 2021 Petitioner :- Narendra Kumar Respondent :- State Of U P And Another Counsel for Petitioner :- Onkar Nath Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayers:-
"Issue a writ, order or direction in the nature of Mandamus directing the Sub Divisional Magistrate, Ghosi District Azamgarh to decide the case no. 16/17 / 2010- 2011 Computerized Case No. D 2009155100150 of 2011 Jogendra Nath Versus Prabodh Chandra and Abhinash Chandra Under Section 176 of U.P. Z.A. and L.R. Act within stipulated period as directed by this Hon'ble Court."
On 27.7.2021 following order was passed:-
"The record reveals that the suit for partition was filed on 7.11.1978. The order sheet shows that only general dates have been fixed in the matter.
Learned Standing Counsel to take instructions as to why the suit of 1978 has, till date, not been decided.
Place this petition on 12.8.2021 as fresh. "
Pursuant to aforesaid order, instructions dated 5.8.2021 sent by the respondent no. 2 filed today are taken on record.
Since, the matter is very old. It is, therefore, provided that in the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 2, Sub- Divisional Magistrate, Ghosi, District- Azamgarh to expedite the hearing of the aforesaid case and decide the same by fixing short dates on its own merit, in accordance with law, expeditiously preferably within a period of three months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court, provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties and provided the functioning of the authority concerned is not affected due to any reason related to Covid-19 Pandemic as well as the lawyers are not abstaining from the work.
With the aforesaid observations/ directions, the present petition is finally disposed of.
Order Date :- 12.8.2021 Aditya