Allahabad High Court
Prakash vs State Of U.P. And 4 Others on 21 September, 2023
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:183624 Court No. - 38 Case :- WRIT - C No. - 27556 of 2023 Petitioner :- Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Santosh Kumar Tiwari, learned counsel for the petitioner, and Shri Abhishek Shukla, learned Additional Chief Standing Counsel who has accepted notice on behalf of the State respondents.
2. Considering the nature of the order proposed to be passed notice upon the respondent no. 5 is hereby dispensed with.
3. At the very outset, learned counsel for the petitioner submits that his Case No. 00981 of 2021 Computerized Case No. T-202107190100981(Bhulli Lal (since deceased) Deendayal & others vs. Pradeep Kumar and others) (Old Case No. 89 of 2014 (Bhulli Lal vs. Pradeep Kumar and others)) under Section 59 of the U.P. Tenancy Act, 1939, is pending consideration before the respondent no. 3 i.e. Sub Divisional Magistrate, Tehsil-Karvi, District-Chitrakoot, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the respondent no. 3 i.e. Sub Divisional Magistrate, Tehsil-Karvi, District-Chitrakoot, to decide the case of the petitioner pending since the year 2014, within the time frame fixed by this Court.
4. Learned counsel representing the respondents have no objection the aforesaid proposition.
5. This Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the respondent no. 3 Sub Divisional Magistrate, Tehsil-Karvi, District-Chitrakoot, seized with the Case No. 00981 of 2021 Computerized Case No. T-202107190100981(Bhulli Lal (since deceased) Deendayal & others vs. Pradeep Kumar and others (Old Case No. 89 of 2014 (Bhulli Lal vs. Pradeep Kumar and others)), to consider and decide the same, preferably within a period of six months, from the date of production of certified copy of order of this Court, strictly in accordance with law.
6. Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the respondent No. 3 to pass appropriate orders, strictly in accordance with law.
Order Date :- 21.9.2023 Deepak/