Court No. - 42
Case :- WRIT - C No. - 16716 of 2021 Petitioner :- Smt. Priyanka Rai Respondent :- Rajnikant Rai And Another Counsel for Petitioner :- Awadhesh Kumar Malviya
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 seeking a direction to the court below to expedite the Civil Suit No. 1855/ 33594 of 2015 (Priyanka Rai Vs. Rajnikant Rai), under Section 34 L.R. Act, pending before the Tehsildar, Tehsil- Jamaniya, District- Ghazipur, within stipulated period.
This proceedings under Section 34 are pending since the year 2015.
On perusal of the order-sheet I find that after 2016 on large number of dates, the lawyers were abstaining from the work and in the recent period for about two years on most of the dates the lawyers were abstaining from the work.
I have considered the question for granting mandamus in such cases in the case of Prafull Kumar vs. State of U.P. and another, Writ C No. 17927 of 2021 decided on 3.8.2021.
In such view of the matter, I do not find any good ground to grant relief as prayed for in the present petition.
At this stage, learned counsel for the petitioner submitted that in case the parties are available and appear in person, the authority concern may proceed to decide the case.
Accordingly, the writ petition is dismissed with a direction that in case the parties appear in person before the authority concerned, the authority concerned shall proceed to pass order in accordance with law, as expeditiously as possible.
It is made clear that this Court has not considered the claim of the petitioner on merit.
With the aforesaid observation, present petition stands dismissed.
Order Date :- 19.8.2021 Aditya