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Neutral Citation No. - 2025:AHC:26881 Court No. - 34 Case :- WRIT - C No. - 36392 of 2024 Petitioner :- Shiv Prasad Rai Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Ram Pravesh Yadav,Swatantra Kumar Rai Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Manish Kumar Nigam,J.
1. Heard learned Standing Counsel for the State-respondents and perused the record.
2. The instant writ petition has been filed for the following relief:
"i) Issue a writ, order or direction in the nature of mandamus commanding to the respondent no. 2 i.e. Sub-Divisional Officer, Tehsil Khalilabad, District-Sant Kabir Nagar to decide the case bearing case no. 00782 of 2020 computerized case no. T202017650200782 (Shiv Prasad Rai Vs. Abhishek Rai and others) Under section 116 of U.P. Revenue Code, 2006, pending in the court of respondent no. 2 since 23.01.2020, within stipulated period fix by this Hon'ble Court."
3. From the perusal of the writ petition and annexures annexed thereto, it appears that the aforementioned case under Section 116 of the U.P. Revenue Code, 2006 is pending since 23.01.2020 and several dates have been fixed by the court concerned, however, till date, the same has not been decided.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2- Sub-Divisional Officer Magistrate, Tehsil- Khalilabad, District Sant Kabir Nagar to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 25.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad