WPMS/2028/2022
2022 Latest Caselaw 2681 UK

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                                  WPMS No. 2028 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Heard Mr. P.S. Bisht, Advocate for the petitioner.

Petitioner filed a partition suit in 2004, which is pending before Assistant Collector, First Class, Yamkeshar, Kotdwar, District Pauri Garhwal. The said suit is registered as Case No. 01 of 2004-05.

By means of this writ petition, petitioner has sought a direction to the Court concerned to expedite hearing of the suit. Annexure-5 to the writ petition is a judgment rendered by Board of Revenue, Uttarakhand in Civil Revision No. 169/2019-20. Perusal of the same reveals that revision petition filed by petitioner under Section 333 of U.P.Z.A. & L.R. Act was allowed vide judgment dated 18.01.2022 and the case was remitted back to Assistant Collector to decide the suit on merits.

Learned counsel for petitioner submits that Board of Revenue had directed the trial Court to decide the suit within two months, however, the suit has not been decided so far. Thus, he submits that necessary direction be issued to Assistant Collector to expedite decision in the suit.

Having regard to the fact that there are as many as 64 defendants in the said suit, and also in view of pendency of large number of cases in the Court of Assistant Collector, First Class, Yamkeshwar, this Court is not inclined to fix any timeline for deciding the suit, however, having regard to the fact that the suit was filed in 2004, writ petition is disposed of with a request to Assistant Collector to make endeavour to decide the suit, as early as possible.

(Manoj Kumar Tiwari, J.) 26.08.2022 Navin