Court No. - 5
Case :- WRIT - C No. - 7609 of 2018 Petitioner :- Mr. Sanjeev Kumar Rai Respondent :- Sub- Divisional Magistrate And 2 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner and Sri Abhishek Shukla, the learned Standing Counsel.
This writ petition is preferred for seeking a direction in the nature of mandamus commanding the respondent no.1 /Sub Divisional Magistrate, Nizamabad, Azamgarh, to decide Restoration/Recall Application No.89 of 2013 in Case No.81/108/150 (Sanjeev Kumar Rai and naother Vs. Umesh and another) under Section 176 of U.P.Z.A.&L.R. Act within a stipulated period.
The learned Standing Counsel submits that no useful purpose would be served by keeping the petition pending, it be disposed of by giving appropriate direction to the authority concerned.
The writ petition is disposed of with the direction to respondent no.1 /Sub Divisional Magistrate, Nizamabad, Azamgarh, to decide Restoration/Recall Application No.89 of 2013 in Case No.81/108/150 (Sanjeev Kumar Rai and naother Vs. Umesh and another) under Section 176 of U.P.Z.A.&L.R. Act either on the next dated or not later than 3 months from the date of production of certified copy of this order.
Learned counsel for the petitioner undertakes that he shall not seek any adjournment and so also is expected from the private opposite parties, except for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.250/- payable to the other side.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
Service of certified copy of this order upon the respondent concerned shall constitute sufficient notice upon him to submit a compliance report.
The authority concerned shall submit Compliance report in Chambers on 9.8.018 at 4:00 P.M.
Order Date :- 26.2.2018 RS