Court No. - 18
Case :- WRIT - C No. - 19842 of 2021 Petitioner :- Smt.Shardha Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Chandra Prakash Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Chandra Prakash Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The order dated 13.12.2017 passed by the court below in demarcation proceedings under Section 24 of the U.P. Revenue Code, 2006 is in jeopardy before the appellate court.
Learned counsel for the petitioner does not press the relief for implementation of the said order which is sought in the writ petition. He recasts the relief.
The only prayer made by learned counsel for the petitioner is that the appeal registered as Appeal no. C201705002204 (Smt. Asha Devi wife of Ram Preet Vs Smt. Sharda Devi wife of Suresh Pal) may be decided within a stipulated period of time. The order of the first court of first instance was taken in appeal in the year 2018.
Learned Standing Counsel submits that the authorities are under an obligation of law to decide the appeal within a reasonable period of time.
In view of the aforesaid submission no useful purpose would be served by exchanging pleadings and keeping this writ petition pending. With the consent of parties the writ petition is being disposed of finally.
Without going into the merits of the case the matter is remitted to the respondent No.2- Commissioner, Gorakhpur Region, Gorakhpur.
A writ in the nature of mandamus is issued commanding the respondent No.2- Commissioner, Gorakhpur Region, Gorakhpur to execute the following directions:
(1) The respondent No.2- Commissioner, Gorakhpur Region, Gorakhpur shall decide the Appeal no. C201705002204 (Smt. Asha Devi wife of Ram Preet Vs Smt. Sharda Devi wife of Suresh Pal) preferably within a period of six months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order shall be self attested by the applicant (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(2) The respondent no. 2 shall hear all the necessary parties before passing any order.
(3) All parties are directed to cooperate with the respondent No.2- Commissioner, Gorakhpur Region, Gorakhpur to ensure the conclusion of the proceedings in the above stipulated period of time.
The writ petition is finally disposed of.
Order Date :- 13.8.2021 Pravin