Citation : 2023 Latest Caselaw 17739 ALL
Judgement Date : 17 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:141438 Court No. - 52 Case :- WRIT - C No. - 36383 of 2022 Petitioner :- Rudra Prasad And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Achal Singh Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ashok Kumar Singh, learned counsel for the petitioner and Sri Ambuj Srivastava holding brief of Sri Achal Singh, learned counsel appearing for respondent no. 9 and Sri S.D.Singh, learned Standing counsel appearing for respondent no.1.
2. Present petition has been filed seeking following reliefs:
"i) Issue a writ, order or direction in the nature of certiorari to quash the impugned judgment and order dated 23-09-2022 passed by Upper Commissioner 1st Region Chitrakoot in Revision No. 731 of 2015 (Annexure No. 10 to the writ petition).
ii) Issue a writ, order or direction in the nature of mandamus to stay the effect and operation of the impugned judgment and order dated 23-09-2022 passed by Upper Commissioner 1st Region Chitrakoot in Revision No. 731 of 2015 (Annexure No. 10 to the writ petition)."
3. At the very outset, learned counsel appearing for the petitioner made innocuous prayer for expediting the matter which has been remitted back by the order which impugned the present petition dated 23.09.2022 passed in Case no. 731 of 2015 (Mahavir Prasad Vs. Rudra Prasad) under Section 333 of U.P.Z.A. and L.R. Act, 1950.
4. Be that as it may, without interfering into the merits of the matter as well as without disturbing the order dated 23.09.2022 ,Sub Divisional Officer, Tehsil Rajapur, District Chitrakoot is hereby directed to decide the execution proceedings in shape of case no. 1/2014 (legal heirs Rudra Prasad Vs. State of U.P. and others) as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order before him, after affording due opportunity of hearing to all the concerned and affected parties.
5. Writ petition stands disposed of accordingly.
Order Date :- 17.7.2023
Shaswat
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