Court No. - 18
Case :- WRIT - C No. - 14657 of 2018 Petitioner :- Ram Singh and 6 Others Respondent :- Sub Divisional Magistrate Phoolpur And 6 Others Counsel for Petitioner :- Anant Ram Dube Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri A.R. Dube, learned counsel for the petitioners and Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondent no.1.
Notice need not be issued to the private respondent nos.2 to 7, in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the first respondent, Sub Divisional Magistrate, Tehsil Phoolpur, District Allahabad to decide the Case No.9/10/11/38/280 under Section 229-B of UP ZA & LR Act within stipulated time.
Learned counsel for the petitioner states that the suit in question filed by the petitioners under Section 229-B of UP ZA & LR Act was dismissed by the Sub Divisional Magistrate, Phoolpur, Allahabad on 31.10.1985. The said order was assailed by the petitioner before the Commissioner, Allahabad Division, Allahabad in appeal and the said appeal was also dismissed on 26.8.1988. Both the aforesaid orders were challenged by the petitioner in the Board of Revenue by preferring Second Appeal No.9 of 1988-89 (Ram Singh and others vs. Musai and others). Finally, the Board of Revenue had proceeded to allow the second appeal in question on 26.9.2016 and the matter was remanded back to the first appellate court. The matter is pending since the year 1985. He prays that the direction may be issued to the Sub Divisional Magistrate concerned to decide the aforesaid case within stipulated time.
Learned Additional Chief Standing Counsel fairly states that in case the aforesaid suit is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the first respondent to suit the aforesaid case after giving opportunity of hearing to the private respondent nos. 2 to 7, as expeditiously as possible and preferably within a period of six months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost of Rs.200/-.
Order Date :- 24.4.2018 RKP