Pawan Kumar Srivastava vs Collector/D.M., Pratapgarh And ...
2019 Latest Caselaw 5989 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- MISC. SINGLE No. - 18672 of 2019
 

 
Petitioner :- Pawan Kumar Srivastava
 
Respondent :- Collector/D.M., Pratapgarh And Ors.
 
Counsel for Petitioner :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

Heard learned counsel for the petitioner and to the learned Standing counsel on behalf of the respondent Nos.1 and 2.

In view of the order proposed to be passed in the present writ petition, notice against the respondent Nos.3 and 4 is dispensed with.

By means of the present writ petition, the petitioner has sought for issuance of direction to the opposite party No.2 to execute the final decree dated 9.3.2018.

Brief fact of the case is that the petitioner instituted a suit for partition of the land in dispute under Section 176 of U.P. Z.A. & L.R. Act against the opposite party Nos.3 and 4, wherein they entered into a compromise. Thereafter, on 2.5.2017, the petitioner submitted an application before the opposite party No.2 to the effect that preliminary decree has been issued on 8.4.2017 and prayed that final decree may also be issued. The opposite party No.2 accepted the commission report dated 23.5.2017 and directed for issuance of final decree on 9.3.2018.

Submission of learned counsel for the petitioner is that even after final decree being issued on 9.3.2018, consequential action was not taken despite various efforts made by the petitioner and ultimately, it was informed that the case file is missing. He further submitted that on 28.1.2019, the opposite party No.1 also directed to ensure search of the case file of the petitioner's case upon representation of the petitioner dated 24.1.2019.

Learned counsel for the petitioner submitted in case direction is issued to the opposite party No.1 to trace out the case file of the petitioner or reconstruct it, justice would be met.

After having heard the submission advanced by learned counsel for the parties, no useful purpose will be served in keeping the writ petition pending.

Accordingly, in view of the above, without entering into the merit of the case, the writ petition is finally disposed of with liberty to the petitioner to file a fresh application before the opposite party No.1 ventilating all his grievance within a period of 10 days from today.

In case such an application is filed before the opposite party No.1, the same shall be considered and appropriate reasoned speaking order shall be passed in regard to the reconstruction of the file or to trace out the file within a period of 6 weeks from the date of production of certified copy of this order.

Order Date :- 9.7.2019

Gautam