Vijay Narayan vs Hari Lal And 2 Others
2023 Latest Caselaw 2228 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 28241 of 2022
 

 
Petitioner :- Vijay Narayan
 
Respondent :- Hari Lal And 2 Others
 
Counsel for Petitioner :- Anurag Shukla,Subedar Mishra
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Mr. Subedar Mishra, Counsel for the petitioner and learned Standing Counsel for State-respondents and Mr. Bhupendra Kumar Tripathi for respondent No.2, Gaon Sabha.

Counsel for the petitioner is permitted to implead the Additional Commissioner (Judicial)-I Varanasi Division Varanasi as respondent No.4 in the writ petition during the course of the day.

The instant writ petition has been filed praying for a mandamus directing respondent No.4, Additional Commissioner (Judicial)-I Varanasi Division Varanasi to decide the Appeal No. 31 of 2005 u/s 331(3) of the U.P.Z.A and L.R. Act within stipulated period.

Counsel for the petitioner submitted that against the judgment and decree passed u/s 229-B of the U.P.Z.A. and L.R. Act, appeal has been filed by petitioner's father in the year 2005. He further submitted that during pendency of the appeals, petitioner's father died and petitioner has been substituted in place of petitioner's father.Counsel for the petitioner submitted that the aforesaid appeal is pending before respondent No.4 for adjudication.

Copy of the order sheet has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.4, Additional Commissioner (Judicial)-I Varanasi Division Varanasi to consider and decide the aforementioned appeal in accordance with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties.

Order Date :- 20.1.2023

Vandana Y.