Court No. - 7
Case :- WRIT - C No. - 30943 of 2021 Petitioner :- Ram Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Om Prakash Chaube Counsel for Respondent :- C.S.C.,Deepak Gaur
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners, learned counsel for the Gaon Sabha and the learned Standing Counsel for the State.
Present writ petition has been filed for the following reliefs:-
"i. Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 and 3 restrain the respondent No. 6 to 8 from the land in question having plot No. 712 (new No. 1111) area 1.360 acade and same has been given possession to the petitioner forthwith in stipulated time.
ii. Issue a writ order or direction to the respondent No. 4 to decide the case No. 02 of 2002, Ram Singh Vs. Gyadeen & Another within stipulated time."
It is submitted by the counsel for the petitioner that a mutation application has been filed by the petitioner under Section 34 of Land Revenue Act with respect to the property in question i.e. Plot No. 1111, which is pending since November, 2002 despite the fact that stipulated period, as enunciated under Rule 34(7) of U.P. Revenue Code Rules, 2016, has been elapsed. Opposite parties have already appeared and filed their objection in the aforesaid case. It is further submitted that taking benefit of pendency of the aforesaid matter, the respondent nos. 6 to 8 are illegally tying to encroach over the property in question and throughout interfering in the peaceful possession of the petitioner.
Learned counsel for the Gaon Sabha as well as learned Standing Counsel have no objection in case the aforesaid mutation application is directed to be decided within a stipulated period fixed by this Court.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to the Tehsildar (Respondent No.4), before whom the mutation application is pending, to decide the same in accordance with law expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
With the aforesaid direction, present writ petition is disposed of.
Order Date :- 20.12.2021 Pkb/