Court No. - 5
Case :- WRIT - C No. - 7905 of 2018 Petitioner :- Shiv Kumar Respondent :- State Of U.P And 4 Others Counsel for Petitioner :- Anurag Shukla Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Anurag Shukla, 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 respondent no.5 / Sub- Divisional Magistrate, Bilhaur, District Kanpur Nagar to decide Case no. 2070 of 2016 (Santosh Kumar & others Vs. Shiv Kumar & others) under Section 144 of U.P. Revenue Code, 2006, 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.5 / Sub-Divisional Magistrate, Bilhaur, District Kanpur Nagar to decide Case no. 2070 of 2016 (Santosh Kumar & others Vs. Shiv Kumar & others) under Section 144 of U.P. Revenue Code, 2006, as expeditiously as possible, keeping in view the observations of this Court made in Writ-C No. 6635 of 2012 (Chandra Bali Vs. Addl. Commissioner and others) decided on 7.2.2012.
Learned counsel for the petitioner undertakes that he shall not seek any adjournment and so also is expected from the private respondents in the pending case, 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.
Order Date :- 27.2.2018 N.S.Rathour