Court No. - 1
Case :- WRIT - C No. - 27342 of 2020 Petitioner :- Pushpendra Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar,Hemant Kumar Nigam Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Sri Vinod Kumar, learned counsel for the petitioner and Sri Girish Vishwakarma, learned Standing Counsel for the State.
Counsel for the petitioner submits that respondent no. 2, Sub Divisional Magistrate, Jhansi, District Jhansi be directed to decide Partition Suit No. 31/2004-05, Mauja Lahargird, under setion 176 UPZA and LR Act (Pushpendra Singh Vs. Bhaiya Lal and others), 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 partition suit 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 SDM 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 SDM 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.
Order Date :- 8.1.2021 S.K.S.