Bachan Singh vs Kulveer Singh And Others

Alok Kumar Verma, J

The present writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-

“(i) Issue a writ, order or direction in the nature of mandamus directing the learned Trial Court concerned i.e. learned Assistant Collector Ist Class Barhshyun, Pauri to decide the Suit No.01 of 2020-2021 “Bachan Singh vs. Kulveer Singh and Others” under Section 176 of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; as earliest as possible within stipulated time.

(ii) Issue any other writ, order or direction and/ or allow any other consequential relief as expedient in law on the facts and circumstances of the case.

(iii) To award the cost of petition in favour of petitioner.”

Heard Mr. A.M. Saklani, learned counsel for the petitioner and Mr. V.D. Bisen, learned Additional Chief Standing Counsel for the respondent no.9.

Mr. A.M. Saklani, Advocate, submitted that the petitioner is a senior citizen aged about 68 years, therefore, his case should be given priority for disposal at the earliest.

The said request has not been opposed by the respondent no.9.

In the facts and circumstances of the case, the learned Assistant Collector Ist Class, Barhshyun, District Pauri Garhwal is directed to make an effort to decide the Suit No.1 of 2020-2021, “Bachan Singh vs. Kulveer Singh and Others”, filed for partition, expeditiously, as per law, without granting any unnecessary adjournment to either parties.

The writ petition is disposed of accordingly.

It is made clear that this Court has not expressed any opinion on the merit of the case.