Court No. - 18
Case :- WRIT - C No. - 23449 of 2021 Petitioner :- Uday Narayan Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Girja Shanker Mishra,Pratiksha Rai Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner claims to have filed appeal against the order dated 31.07.2019 passed by the Tehsildar Mohammadabad, District Gahzipur. The appeal was registered as Appeal No. 02288 of 2019 Computerized Case no. T201914290202288 (Uday Narayan Yadav Vs. Gaon Sabha). The application for grant of interim relief accompanied the memo of appeal.
Sri Girja Shanker Mishra, learned counsel for the petitioner contends that the application for interim relief has not been decided till date. The respondents are trying to execute the order passed by the court of first instance. An inordinate delay in deciding the application will render the remedy of appeal illusory and result in miscarriage of justice. The residential house of the petitioner is standing on the disputed parcel of land.
Learned Standing Counsel submits that the authorities are under obligation of law to decide the application for interim relief within reasonable time.
Heard learned counsel for the parties.
In the wake of preceding discussion, no useful purpose will be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
Interest of justice will be served by remitting the matter to respondent No. 2/ Sub Divisional Magistrate, Mohammadabad, Ghazipur.
A writ in the nature of mandamus is issued commanding the respondent No. 2/ Sub Divisional Magistrate, Mohammadabad, Ghazipur to decide the application for interim relief filed on 05.08.2019 in Appeal No. 02288 of 2019 Computerized Case no. T201914290202288 (Uday Narayan Yadav Vs. Gaon Sabha) within a period of one month from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/ 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.
Considering the fact that the petitioner is facing threat of demolition, status quo in regard to the disputed parcel of land shall be maintain by the parties for the period of two months from today.
In case the appeal is not decided within a period of two months, it is open to the petitioner to seek clarification/ modification of this order.
It is clarified that this Court has not considered the controversy on merits. The same shall be decided by the respondent No. 2/ Sub Divisional Magistrate, Mohammadabad, Ghazipur upon independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 21.9.2021 Nadeem