Court No. - 18
Case :- WRIT - C No. - 33611 of 2017 Petitioner :- Ramhit Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Manish Kumar Nigam Counsel for Respondent :- C.S.C.,Shashi Kant Rai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Shashi Kant Rai, Advocate appearing for the respondent.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
The petitioner is before this Court assailing the validity of order dated 31.05.2017 passed by Sub Divisional Magistrate, Basgaon, District Gorakhpur by which fishery lease has been accorded in favour of third respondent in respect of Pond no.142, area 1.524 hectare, situated at Village Tengri, Gaon Sabha Tadwa, Tehsil Bansgaon, District Gorakhpur for a period of five years on payment of As it has been informed that against the cancellation of patta admittedly the appeal in question has been preferred and the same is pending consideration since 2013 and even on the basis of interim order accorded by this Court, the Appellate Court has also proceeded to accord status quo order and on account of pendency of present writ petition, the appeal in question is also not being decided, in such a situation as the matter is sub-judice before the Appellate Court there is no reason or occasion that the present matter may also be kept pending consideration before this Court.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Appellate Authority to expedite the hearing of the aforesaid appeal and conclude the same expeditiously, preferably within a period of three 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 but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 26.4.2018 A. Pandey