Court No. - 38
Case :- WRIT - C No. - 28354 of 2021 Petitioner :- Tej Bahadur Singh Respondent :- Tehsildar And Another Counsel for Petitioner :- Arvind Kumar Srivastava,Archana Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Arvind Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel representing respondent- 1.
2. Perused the record.
3. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent-1, Tehsildar, Tehsil- Soraon, District- Prayagraj to decide Case No.1615 of 2016 (Lalmani Vs. Tej Bahadur) under Sections 34 of U.P. Land Revenue Act, 1901 within the time period fixed by this Court.
4. Learned counsel for petitioner contends that afore-mentioned case was filed by petitioner in the year 2016. However, in spite of the fact that a period of more than 5 years has rolled by from the date of filing of above mentioned case, same has not been decided till date.
5. Learned counsel for petitioner next invited attention of Court to Rule 34 (7) of U.P. Revenue Code Rules, 2016 and on basis thereof, he contends that respondent-1 was under a legal obligation to decide above noted proceeding within the time period prescribed under the Rules. He further submits that delay in disposal of above mentioned case cannot be attributed to petitioner. On the aforesaid premise, it is thus urged that interest of justice shall better be served in case a direction is issued to respondent-1 to decide above mentioned case within the time period fixed by this Court. Consequently, mandamus as prayed for by petitioner is liable to be issued by this Court.
6. Having heard learned counsel for petitioner, learned Standing Counsel representing respondent-1 and upon perusal of material brought on record, this court finds that no useful purpose shall be served in keeping this writ petition pending.
7. In view of above, this writ petition is finally disposed of with a direction to, respondent-1, Tehsildar, Tehsil- Soraon, District- Prayagraj to decide afore-mentioned case, with all expedition without granting any unnecessary adjournment to either of the parties and preferably within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioner in above mentioned case by means of a Notary Affidavit.
Order Date :- 29.10.2021 Saif