Court No. - 5
Case :- WRIT - C No. - 10738 of 2018 Petitioner :- Rafika Begum Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seraj Ahmad Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Pankaj Naqvi,J.
Heard Sri Seraj Ahmad, learned counsel for the petitioner, Sri Diwakar Singh, learned counsel for the Gaon Sabha concerned and Sri Abhishek Shukla, the learned Standing Counsel.
Learned counsel for the petitioner is permitted make necessary correction in the prayer clause of the writ petition.
This writ petition is preferred for seeking a direction in the nature of mandamus commanding respondent no.2 / Sub- Divisional Magistrate, Handia, District Allahabad to decide Case no.61 of 2009-10 (Rafika Begum and another Vs. State and others), under Section 33/39 of U.P. Land Revenue Act, 2006, within a stipulated period.
The learned Standing Counsel submits that no useful purpose would be served by keeping the petition pending, it be disposed of by giving appropriate direction to the authority concerned.
The writ petition is disposed of with the direction to respondent no.2 / Sub-Divisional Magistrate, Handia, District Allahabad to decide Case no.61 of 2009-10 (Rafika Begum and another Vs. State and others), under Section 33/39 of U.P. Land Revenue Act, 2006, as expeditiously as possible, preferably within 3 months from the date of production of certified copy of the order.
Learned counsel for the petitioner undertakes that he shall not seek any adjournment and so also is expected from the private respondents, except for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.250/- payable to the other side.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
Service of certified copy of this order upon the respondent concerned shall constitute sufficient notice upon him to submit a compliance report.
The authority concerned shall submit Compliance report in Chambers on 30.10.2018 at 4:00 P.M.
Order Date :- 23.3.2018 N.S.Rathour