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Neutral Citation No. - 2025:AHC:13290 Court No. - 50 Case :- WRIT - C No. - 2320 of 2025 Petitioner :- Sher Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Digvijay Tiwari Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Digvijay Tiwari, learned counsel for the petitioner, Mr. Tarun Gaur, learned Standing Counsel for the State-respondent and Mr. Aninash Chandra Srivastava, learned counsel for Gaon Sabha.
2. The instant petition has been filed for following relief:- I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No. 2/ Sub-Divisional Magistrate, Tehsil- Mahawan, District Mathura, to decide the Case No. RST/103 of 2015 Computrized Case No. T201601500501503 (Sher Singh vs. Ramesh Chand and others), under Section 176 of U.P.Z.A. & L.R. Act, 1950, within stipulated time which this Hon'ble Court may be fixed.
3. Learned counsel for the petitioner submitted that the suit for partition is pending before the Sub Divisional Magistrate, Tehsil- Mahawan, District Mathura/respondent No. 2, in pursuance of remand order passed in appeal. He further placed a certified copy of the order-sheet of the proceeding, which is annexed as annexure-7 to the writ petition in order to demonstrate that the aforementioned proceeding is still pending.
4. Considering the facts and circumstance of the case, the instant petition is finally disposed of directing the respondent No. 2/ Sub Divisional Magistrate, Tehsil-Mahawan, District Mathura, to decide the aforementioned proceeding after affording proper opportunity of hearing to the parties expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order before him. Order Date :- 24.1.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad