Court No. - 42
Case :- WRIT - C No. - 17228 of 2021 Petitioner :- Rohitash Kumar Respondent :- State Of U.P And Others Counsel for Petitioner :- Ashish Pandey,Rajendra Prasad Tripathi Counsel for Respondent :- Sher Bahadur Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sher Bahadur Singh, learned counsel for the gaon sabha and perused the record.
Present petition has been filed with a prayer to direct the respondent no. 3 to decide the mutation case no. T202112560204328 (Rohitash Kumar vs. Chhatrapal) filed under Section 33/34 of U.P. Revenue Code, 2006 within stipulated period and till then the effect and operation of the order dated 22.6.2021 passed by respondent no. 5 be kept in abeyance by this Hon'ble Court and also direct the respondent no. 2 to take necessary legal action against the respondent no. 5.
Attention was drawn to various documents to indicate that the private contesting respondents are land mafia and they are in hurry to sell up the property in question. The petitioner is claiming the property on the basis of Will. He is praying for injunction. Proceedings are summary in nature.
In such view of the matter, petitioner may avail the remedy as may be available to him insofar as the injunction is concerned.
However, from perusal of annexure 4 it appears that some substance was found in the allegation of the petitioner.
Therefore, in the interest of justice, present petition is finally disposed of with the direction to the respondent no. 3 to expedite the hearing of the aforesaid case and decide the same, in accordance with law, expeditiously, preferably within a period of two months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court provided there is no other legal impediment.
A reference may also be made to the judgments of this Court in the cases of Chandra Bali vs. Additional Commissioner and others 2012 (4) ADJ 13 and Radha Devi vs. State of U.P. and others 2016 (6) ADJ 753 wherein directions for time bound disposal of such cases have been given and provisions of U.P. Janhit Guarantee Adhiniyam, 2011 have been considered.
It is made clear that this Court has not examined the merits of the claim of the petitioner.
With the aforesaid observations/ directions, the present petition is finally disposed of.
Digitally signed by Justice Vivek Kumar Birla Date: 2021.07.28 17:26:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.7.2021 Abhishek