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Unknown vs Beerbal Singh And Others And Writ ...
2021 Latest Caselaw 2331 UK

Citation : 2021 Latest Caselaw 2331 UK
Judgement Date : 9 July, 2021

Uttarakhand High Court
Unknown vs Beerbal Singh And Others And Writ ... on 9 July, 2021
                   Office Notes,
                reports, orders or
                 proceedings or
SL. No   Date                                      COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPMS No. 1301 of 2021
                                     With
                                     WPMS No. 1308 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Mr. Shariq Khurshid, Advocate for the petitioner.

There are the two Writ Petitions, i.e. Writ Petition No. 1301 of 2021, Parasram Vs. Beerbal Singh and others and Writ Petition No. 1308 of 2021, Parasram Vs. Beerbal Singh and Others, in which, the petitioner has sought an appropriate direction to the Court of Assistant Collector, 1st Class, Bhagwanpur, District Haridwar, for an expeditious disposal of Revenue Case No. 16 of 2017-18 (Old Case No. 7 of 2014-15), as involved in Writ Petition No. 1301 of 2021 and Revenue Case No. 20 of 2017-18 (Old Case No.5 of 2015-16), as involved in Writ Petition No. 1308 of 2021.

The petitioner has contended that the aforesaid proceedings which are pending are under Section 176 of the Zamindari Abolition Act, seeking partition of the holding and same are pending consideration before the Assistant Collector, 1st Class, Bhagwanpur, District Haridwar, ever since its institution on 7th September, 2015, and since he being one of the defendants and co-sharers to the property, its pendency is prejudicing his rights.

Considering the overall circumstances and particularly the age of the proceedings of partition Suit, itself, without expressing any opinion on the merits of the matter, these Writ Petition are being disposed of with the request to the Assistant Collector, 1st Class, Bhagwanpur, District Haridwar, to make all sincere efforts to decide the aforesaid Revenue Case No. 16 of 2017-18 (Old Case No. 7 of 2014-15) and Revenue Case No. 20 of 2017-18 (Old Case No.5 of 2015-16), as expeditiously as possible, but not later than nine months from the date of production of certified copy of this judgment.

However, it is made clear that no unnecessary adjournments would be granted to either of the parties until and unless, it becomes imminent under the peculiar circumstances of the case.

Subject to the above observations, the Writ Petitions stand disposed of.

(Sharad Kumar Sharma, J.) Dated 09.07.2021 Shiv

 
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