Court No. - 6
Case :- WRIT - C No. - 34382 of 2021 Petitioner :- Smt. Raj Kumari Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Manoj Kumar Mishra, learned counsel for the petitioner, learned Standing counsel for the State respondent nos. 1 and 2, Sri Pradeep Singh, learned counsel for respondent no.20 Gaon Sabha.
The present writ petition under Article 226 of the Constitution has been filed for the following reliefs:-
"1. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2. i.e. the Sub- Divisional Magisrate, Tehsil- Gyanpur, District- Bhadohi to expedite the Case No. 02417 of 2020 (Case No. T202016670402417) (Raj Kumari Vs. Badari and Ors), within stipulated period as this Hon'ble Court may deed fit and proper preferably within three months."
It is contended by learned counsel for the petitioner that the petitioner filed Case No. 02417 of 2020 (Case No. T202016670402417) under Section 116 of U.P. Revenue Code, 2006 for partition of the holdings on 3rd April, 2020 which remain pending till date.
The order-sheet indicates that the proceedings could not be taken place due to pandemic of Covid-19 and the case was adjourned on almost all the dates due to strike of the lawyers. The order-sheet further indicates that on 1.3.2021 notices were issued to the contesting respondent and the petitioner was directed to take steps for service of notices to the contesting respondents through registered post, however, it is not apparent from the order-sheet whether the petitioner has taken steps or not and in absence of the same, prayer for mandamus cannot be granted.
The writ petition is totally misconceived, and is accordingly, dismissed.
Order Date :- 23.12.2021 Akbar