Heard learned counsel for the petitioner and to the learned Standing Counsel for the respondent No.2, Sri P.K. Singh Bisen, learned counsel for respondent No.3.
On the issue involved in the present writ petition, I have heard learned counsel for the petitioner. No notice is required to be issued to the respondent Nos.1 and 4, as their interest would be well protected by the order proposed to be passed in the present writ petition.
Submission of learned counsel for the petitioner is that Suit No.1234 of 2017; Shri Ram Chandra Ji Virajman Mandir Ramgarha and another Vs. Basic Shiksha Adhikari Pratapgarh and others was filed by the petitioner, which is lying pending since 2017. His submission is that in case direction is issued for expediting the case and deciding the same within a reasonable period, justice would be met.
After having heard the rival contentions of learned counsel for the parties, I perused the material on record.
In the writ petition, only recital has been made that Suit No.1234 of 2017; Shri Ram Chandra Ji Virajman Mandir Ramgarha and another Vs. Basic Shiksha Adhikari Pratapgarh and others was filed by the petitioner and the same is lying pending consideration.
Taking into consideration the pendency of the case, the Court is of the opinion that in case the petitioner has filed Suit No.1234 of 2017 and the same is pending consideration since 2017, therefore, the same shall be taken care of.
In view of the above, considering the facts and circumstances of the case and also without entering into the merits of the case, this writ petition is finally disposed of with the direction to the respondent No.1 to decide the Suit No.1234 of 2017; Shri Ram Chandra Ji Virajman Mandir Ramgarha and another Vs. Basic Shiksha Adhikari Pratapgarh and others after providing opportunity of hearing to the concerned parties and following procedure prescribed under law expeditiously, say within a period of one year from the date of production of certified copy of this order.
It is also provided that the benefit of this order shall not be available to the petitioner, in case any request is made to adjourn the case before the Court below.
Order Date :- 26.7.2019 Adarsh K Singh