Citation : 2022 Latest Caselaw 2781 ALL
Judgement Date : 13 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 19 Case :- WRIT - B No. - 1074 of 2022 Petitioner :- Bhajan Singh Respondent :- Board Of Revenue And 2 Others Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Bhaju Ram Pprasad Sharma, learned counsel for the petitioner, Sri Anand Bhaskar Srivastava, learned Standing Counsel for the State respondents and Sri Sher Bahadur Singh, learned counsel for respondent No.3.
The present petition has been filed seeking a direction to the respondent No.1 to decide Second Appeal No. 761 of 2021 under Section 331(1) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (Suchcha Singh vs. State of U.P. and others) expeditiously.
It is submitted that against a judgment dated 05.03.2021 passed by the Additional Commissioner (Judicial) 2nd, Bareilly Division, Bareilly, the respondent No.2 has preferred a second appeal under Section 331(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 before the Board of Revenue, which is pending.
Counsel for the petitioner has referred to the order sheet of the case which has been filed along with this petition to point out that in the pending second appeal, the records of the Court below have been summoned and an interim order of status-quo has been passed and although various dates are being fixed for hearing but for some reason or the other the matter is being adjourned and the delay in disposal of the said case is causing undue hardship to the petitioner. Accordingly, a prayer is made to expedite the proceedings.
Learned Standing Counsel appearing for the State-respondents as well as learned counsel for respondent No.3 have no objection to the prayer so made.
In view of the aforementioned facts and circumstances, the present petition is disposed of with an observation that in case the petitioner appears before the respondent no. 1 and does not seek any unnecessary adjournment it is expected that the respondent no. 1 would make an endeavour to decide the aforesaid case in accordance with law as expeditiously, preferably within a period of one year from the date of presentation of a certified copy of this order, provided there is no other legal impediment.
Order Date :- 13.5.2022
Nirmal Sinha
(Dr. Y.K. Srivastava, J.)
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