Meenakshi Alias Sunita vs Govind Prasad And Ors

Pankaj Purohit, J

By means of the present writ petition, petitioner-plaintiff has sought a direction for the learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, to decide the Revenue Suit No.20 of 2019 Smt. Minakshi @ Sunita Vs. Govind Prasad and Others, filed under Section 176 of the U.P. Zamindari Abolition and Land Reform Act, 1951, expeditiously within a time frame.

Learned senior counsel for the petitioner-plaintiff contends that the Revenue Suit was filed by the petitioner-plaintiff in the year 2019. He further contends that since there are almost 151 respondents-defendants in the said Suit, when they could not have been served, the services were effected upon them through publication.

Learned senior counsel for the petitioner-plaintiff supplied to this Court order sheet of the said Revenue Suit during the course of hearing, which is taken on record. From perusal of the said order sheet, it is reflected that the publication was made upon the respondents-defendants on 16.05.2025 and the matter was adjourned for filing of the written statement by the respondents-defendants.

When no written statement has been submitted by any of the respondents-defendants, the Revenue Suit was proceeded ex-parte vide order dated 30.09.2025 and the matter was fixed for 25.11.2025 for filing of the Haq List.

Since, the matter was proceeded ex-parte against the respondents-defendants, in this view of the matter, this Court thinks that the direction can be issued to the learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, for expeditious hearing of the aforesaid Revenue Suit.

Accordingly, the present writ petition is allowed. Learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, is directed to decide the Revenue Suit No.20 of 2019 Smt. Minakshi @ Sunita Vs. Govind Prasad and Others, expeditiously but not later than six months from the date of production of certified copy of this order.