Court No. - 32
Case :- WRIT - C No. - 10954 of 2021 Petitioner :- Vikas Srivastava Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Mishra,Ashish Kumar Counsel for Respondent :- C.S.C.,Abhinav Krishna,Abhinava Krishna Srivastava,Shivam Yadav Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Ashish Kumar, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3 and Sri Abhinav Krishna Srivastava, learned counsel appearing for Kanpur Development Authority.
This writ petition has been filed assailing the order dated 26.10.2020 passed by respondent no. 2 whereby the matter has been remanded back to Sub-Divisional Magistrate to decide the matter regarding exchange of land afresh after affording opportunity of hearing to both the parties. By the said order dated 26.10.2020 the time limit prescribed was three months for passing an order. Learned counsel for the petitioner contends that the despite the said time limit, the matter has not been concluded by Sub-Divisional Magistrate.
Learned counsel for the petitioner submitted that the impugned order has been passed totally ignorance of the fact that the Sub- Divisional Magistrate after hearing the partied had allowed the application for exchange of property.
Sri Abhinav Krishna Srivastava, learned counsel appearing for the Kanpur Development Authority submitted that this writ petition has been filed against a remand order and the matter is still sub judice with respondent no. 3.
As no useful purpose would be served in keeping the matter pending, the matter is being disposed of at this stage without calling for counter affidavit, with a direction upon respondent no. 3, Sub-Divisional Magistrate, Kanpur Nagar to strictly comply the order of remand dated 26.10.2020 and pass necessary orders, if there are no legal impediments and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of production of copy of this order, downloaded from the official website of Allahabad High Court.
Writ petition stands disposed of.
Order Date :- 28.7.2021//V.S.Singh