VAKIL @ HAWARI MUHAMMAD VAKIL v. STATE OF U.P. AND 21 OTHERS
WRIC/10398/2025 · 2025-04-08
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36891 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36891 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51539 Court No. - 35 Case :- WRIT - C No. - 10398 of 2025 Petitioner :- Vakil @ Hawari Muhammad Vakil Respondent :- State Of U.P. And 21 Others Counsel for Petitioner :- Sanjay Pathak Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:-
"(i) Issue, a writ, order or direction in the nature of mandamus directing the respondent no. 2/ Sub-Divisional Magistrate, Tamkuhiraj, District- Kushinagar to conclude/decide the Case No. 202505440300157 of 2021 (Vakil Vs. Khalil and others), under Section 116 of U.P. Revenue Code, 2006, Mauja Koindi Bariyarpur, Tappa-Haweli, Pargana Si. Jo., Tehsil- Tamkuhiraj, District Kushinagar, relating the Khata No 156, Araji No. 218/0.510 hectare, 232/0.032 hectare and Khata No. 66, Araji No. 219/0.040, 262/0.024, & 263/0.024 hectare expeditiously within prescribed period as fix by this Hon'ble Court."
3. Contention of learned counsel for the petitioner is that aforementioned suit under Section 116 of the U.P. Revenue Code, 2006 is pending since 2021 and he prayed that same may be decided expeditiously.
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 Magistrate, Tamkuhiraj, District- Kushinagar 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 :- 9.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad