Court No. - 9
Case :- WRIT - C No. - 27649 of 2019 Petitioner :- Suraj Pal Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief:-
"(A) Issue a writ order or direction in the nature of mandamus commanding/directing the concerned court below Sub Divisional Magistrate, Tehsil-Rajapur, District Chitrakoot i.e. respondent no. 2 to decide the case no. 1186 of 2017 (Case No. 5 of 2014) (Nanki and others Vs. Sitaram and others) under section 144 of Uttar Pradesh Revenue Code, 2006 within stipulated period as fixed by this Hon'ble Court."
The proceedings sought to be expedited is a suit for declaration filed by the petitioner.
Perusal of the order sheet appended along with the writ petition reveals that the matter has been adjourned repeatedly to enable the plaintiff-petitioner to adduce her evidence. On the one hand evidence is not being adduced and on the other, the petitioner has approached this Court for a direction for expeditious disposal of the suit.
On the pointed query by the Court, counsel for the petitioner has made a categorical statement that the plaintiff-petitioner does not propose to adduce any evidence at all.
Under the circumstances, this writ petition is disposed of directing the trial Court to close evidence of the plaintiff- petitioner and permit the defendant to adduce his evidence, if any, and thereafter, decide the suit as expeditiously as possible, preferably within a period of six months from the date a certified copy of this order is filed before him.
Order Date :- 22.8.2019 Mayank