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2025 DAILYLAW 112914 (ALL)

NARENDRA KUMAR MADHESIYA v. STATE OF U.P. AND 2 OTHERS

WRIC/42991/2024 · 2025-01-21

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10903 Court No. - 4 Case :- WRIT - C No. - 42991 of 2024 Petitioner :- Narendra Kumar Madhesiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari,Vikash Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, the petitioner has prayed for following relief as substantial relief: "i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to decide the Mutation Case No.2613 of 2024 as well as Computerize Case No.T2024405310702613, under Section 34 of U.P. Revenue Code, 2006 as fixed by this Hon'ble Court." It is contended that proceedings are being unnecessarily delayed for unjustifiable reasons and on the principle of justice delayed is justice denied, rights and claims of petitioner are getting prejudiced. Learned Standing Counsel submits that he has no objection in the event this petition stands disposed of with a direction to the respondent no. 2 to look into and consider the grievance of the petitioner and pass appropriate order strictly in accordance with law. In view of above, this writ petition stands disposed of with following directions: a). Proceedings of aforesaid case as sought to be expedited, shall be disposed of as expeditiously as possible preferably within three months from the date of receipt of certified copy of this order provided: i). the proceedings have not been stayed by any competent court of law. b). No adjournment shall be granted to the petitioner/applicant ordinarily and in case if adjournment as sought to be taken is allowed, it shall be visited with the cost of Rs. 1,000/- for every adjournment, however not more than two adjournments shall be granted. c). Respondent-objector to the aforesaid case shall not ordinarily be permitted to seek adjournment and in case, if adjournment as sought to be taken is allowed, it shall be visited with the cost of Rs. 500/- for every adjournment, however, not more than two adjournments shall be granted. d). The procedure prescribed for conducting such proceedings shall be religiously complied with; e). Priority for hearing shall be fixed in the order in which other pending proceeding, if any, has been expedited by this Court in the past; f). Repeated strikes called by lawyers and or strike by lawyers in continuity will not deter the authority concerned in complying with the directions of this Court. g). The authority concerned/court below are directed to comply the aforesaid directions in letter and spirit. It is further provided that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which such other pending proceedings, if any, have been expedited by this Court in the past and to that extent the directions issued herein above are to be taken as only directory in nature. It is clarified that in the event, this order could not be carried out within the time frame fixed for any technical reason, then for such delay in disposal of the aforesaid case, and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt. Order Date :- 21.1.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad