Gurbaj Singh vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This 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 court of Learned Sub- Divisional Magistrate/Assistant Collector (First Class) Rudrapur, District Udham Singh Nagar to decide the Misc. Case No-01 Year 2023 “Mahanand and Another Vs Gurbaj Singh" which is Application under Order 9 Rule 13 CPC read with Section 151 CPC pending in the proceeding Under Section 143 of U.P Zamidari Abolition and Land Reform Act 1950 which is Case No- 22/49 Year 2021-2022 "Gurbaj Singh vs. State of Uttarakhand” (Annexure No-1) Page No-10 to Page No- expeditiously preferably within a period of two months, otherwise the petitioner shall suffer irreparable loss and injury.

(ii). Issue any other or further order which this Hon'ble Court deems fit and proper under the facts and circumstances of the case.

(iii). Award the cost of petition.”

Heard Mr. Mani Kumar, learned counsel for the petitioner and Mr. K.S. Mehta, learned Additional Chief Standing Counsel for the respondent no.1.

The prayer no.1 has not been opposed by the respondent no.1.

In the facts and circumstances of the case, the learned Sub-Divisional-Magistrate/ Assistant Collector, Ist Class, Rudrapur, District Udham Singh Nagar is directed to make an endeavour to decide the Misc. Case No.01 of 2023,“Mahanand and Another vs. Gurbaz Singh”, filed under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908, as expeditiously as possible, as per law, but not later than two months from the date of production of certified copy of this order.

The present Writ Petition No.894 of 2026 (M/S) is disposed of accordingly.

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