Court No. - 18
Case :- WRIT - C No. - 23583 of 2021 Petitioner :- Phool Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Jay Prakash Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Learned counsel for the petitioner submits that the Impleadment Application dated 13.09.2013 in Revision no. 353 of 2008, Computer no. C2008010000627 (Ramesh Chandra Vs Rajesh) under Section 219 of the U.P. Revenue Code, 2006, filed by the petitioner has not been decided till date.
The only prayer made by learned counsel for the petitioner is that the impleadment application may be decided within a stipulated period of time.
Learned Standing Counsel submits that the courts below are under an obligation of law to decide the proceedings within the time period stipulated in the statute.
In view of the submissions made at the bar, no useful purpose would be served by keeping this writ petition pending or exchanging any pleadings. Interest of justice will be served by issuing the following directions:
(i) A writ in the nature of mandamus is issued commanding respondent no. 2, Additional Commissioner, Agra Division, Agra, to decide the Impleadment Application dated 13.09.2013 in Revision no. 353 of 2008, Computer no. C2008010000627 (Ramesh Chandra Vs Rajesh) under Section 219 of the U.P. Revenue Code, 2006 filed by the petitioner, preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the application. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(ii) The respondent no. 2 shall hear all the necessary parties before passing any order.
(iii) All parties are directed to cooperate with the respondent no. 2, Additional Commissioner, Agra Division, Agra to ensure the conclusion of the proceedings to decide the impleadment application in the above stipulated period of time.
(iv) This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of four months shall accordingly be enhanced.
It is clarified that this Court has not entered into merits of the controversy. It is for the respondent no. 2, Additional Commissioner, Agra Division, Agra to decide the issue after independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 21.9.2021 Pravin