Court No. - 9
Case :- WRIT - C No. - 31771 of 2019 Petitioner :- Ram Sumer Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sudhir Shukla,Santosh Kumar Pandey Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Diwakar Singh for the Gaon Sabha, respondent no. 7.
The writ petition has been filed seeking the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no. 2 to decide case no T20150203034001 of 2013 (Ram Sumer Vs. Rama Shankar and others) under section 176 of U.P.Z.A. & L.R. Act (Vide Annexure No.2 to this writ petition) pending before it forthwith or within stipulated period as fixed by this Hon'ble Court."
From a perusal of the order sheet filed on record, it transpires that the partition suit filed by the petitioner was decreed ex- parte. However, an application has been filed for setting aside the ex-parte preliminary decree. The restoration application is pending consideration since the year 2018.
Under the circumstances, this writ petition is disposed of with a direction to the respondent no. 2 to decide the restoration application as expeditiously as possible, preferably within a period of three months from the date a certified copy of this order is filed before him.
Order Date :- 27.9.2019 Mayank