Mohammad Asif Khan vs State Of U.P. And 6 Others
2023 Latest Caselaw 27080 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190308
 
Court No. - 51
 

 
Case :- WRIT - C No. - 32520 of 2023
 

 
Petitioner :- Mohammad Asif Khan
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Kamal Kumar Singh,Aslam Ali
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

1.Heard Mr. Kamal Kumar Singh, Counsel for the petitioner and Mr. Abhinav Kumar Ojha, learned Standing Counsel for the State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.2/ Commissioner, Azamgharh Division, Azamgarh to decide the Appeal No.766 of 2022, computerized Case No.C-202215000000766 (Naveel Khan Vs. Mohd. Asif) in respect of proceeding under Section 176 of U. P. Z. A. & L. R. Act within stipulated period.

3. Counsel for the petitioner submitted that the in the partition suit, the decree has been passed in favour of the petitioner. He further submitted that contesting respondents have filed appeal against the judgment and decree passed in the partition suit in the year 2022, which is pending in spite of the expiry of more than 1 and 1/2 years.

4. Copy of the order has been annexed as Annexure No.3 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

5. 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.2/ Commissioner,Azamgarh Division, Azamgarh 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 :- 4.10.2023

PS*