WPMS/817/2013 of MAHESH CHAND SHARMA Vs ASSISTANT COLLECTOR IST CLASS DEHRADUN and ORS
Parties
- By way of instant petition, the petitioner is seeking direction to Assistant Collector (1[st] Class), Dehradun/respondent no.1 to decide the suit no. 89 of 2008-09 Mahesh Chand Sharma (PETITIONER)
- Rajnikant Pathak and ors., pending before him since 2007, within a period as prescribed by this Court (RESPONDENT)
Cites (1)
Statutes cited (11)
- code of criminal procedure, 482 (1973)
- indian penal code, 109 (1860)
- general clauses act, 27 (1897)
- indian evidence act, 114 (1872)
- general clauses act, 27 (1897)
- code of criminal procedure, 482 (1973)
- indian penal code, 138 (1860)
- code of criminal procedure (1973)
- general clauses act (1897)
- code of civil procedure (1908)
- code of criminal procedure (1973)
Full text
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WPMS No. 817/2013
Hon’ble V.K. Bist, J.
Ms. Pushpila Bisht, Advocate for the petitioner.
Mr. S.S. Chauhan, Advocate for respondent no.9.
Mr. L.S. Samant, Brief Holder for the State/respondent no.10.
Heard learned counsel for the parties and perused the record.
By way of instant petition, the petitioner is seeking direction to Assistant Collector (1[st] Class), Dehradun/respondent no.1 to decide the suit no. 89 of 2008-09 Mahesh Chand Sharma vs. Rajnikant Pathak and ors., pending before him since 2007, within period as prescribed by this Court.
Counsel for the petitioner contends that suit under Section 229-B and 176 of U.P.Z.A. & L.R. Act was instituted by the petitioner and the same is pending since 2007. Learned counsel for the petitioner submits that due to pendency of said suit, the petitioner is suffering lot and his rights are being affected adversely.
The suit is very old in nature and is pending since 2007, hence the same should have been decided at the earliest.
Considering the submissions of learned counsel for the petitioner and for the forgoing reasons, the writ petition is being disposed of directing the Sub Divisional Magistrate/ respondent no.1 to decide the suit no. 89 of 2008-09 ‘Mahesh Chand Sharma vs. Rajnikant Pathak and ors.’, pending before him expeditiously, preferably before 31[st] December, 2013.
Interim relief application (CLMA No. 3540/13) also stands disposed of.
(V.K. Bist, J.)