WPMS/512/2023
2023 Latest Caselaw 500 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                  WRIT PETITION (M/S) NO. 512 OF 2023

                           24TH FEBRUARY, 2023

BETWEEN:
Rajesh Chaudhary                                                 .....Petitioner.
And

Mithlesh Kumari & others                                         ....Respondents.

Counsel for the Petitioner : Mr. Karan Anand, learned counsel.

Counsel for the Respondent No.2 : Mr. Yogesh Tiwari, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsel appears and accepts

notice on behalf of respondent no.2.

2. In the light of the order I propose to pass, I do not

consider it necessary to issue notice to respondent nos.1 and

3.

3. The primary grievance of the petitioner in this

petition is with regard to the early disposal of the Case

No.27/07/2010-11, "Mithlesh Kumari vs. Rajesh Chaudhary &

others", preferred by the petitioner under Section 229-B of

the UPZA & LR Act, pending in the Court of Assistant

Collector, Ist Haldwani, District Nainital. The said case was

preferred by the petitioner way-back in the year 2010. The

case of the petitioner is that, despite the petitioner following

up the said case diligently, till date the issues have not been

framed. The order-sheets of the proceeding undertaken by

the Assistant Collector have been placed on record, and the

same have been perused by the Court.

4. I dispose of this petition with a direction to the

concerned Assistant Collector to proceed and to decide the

case No.27/07/2010-11 within six months from today.

Neither party shall seek, nor be granted any undue

adjournment.

5. I made it clear that I have not examined the merits

of the case of the either party, and this order shall not be

construed as an expression of opinion on the merits of the

case of either party.

6. The petitioner shall bring this order to the notice of

the Assistant Collector, Ist Haldwani, District Nainital, as well

as to the learned counsels representing respondent nos.1 and

3 in the aforesaid case within one week from today.

7. The petition stands disposed of in the aforesaid

terms.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 24th February, 2023 NISHANT