Ramesh Chandra Sharma vs Karam Chand (Deceased) Through Legal Representatives 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). To issue an appropriate order or direction to the learned Assistant Collector 1st Class Kaladhungi District Nainital to decide the Revenue Suit No. 22/67 year 1984-85 “Ramesh Chandra Sharma Vs. Karam Chand & others" under Section 209 of UP ZA & LR Act as expeditiously as possible or within such time as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(II) To issue such other suitable writ, order or direction which this Hon'ble Court may deem fit and proper.

(III) To award cost of the writ petition to the petitioner.”

Heard Mr. Saurabh Kumar Pandey, learned counsel for the petitioner, Mr. I.P. Kohli, learned Standing Counsel for the respondent no.5 and Mrs. Anjali Bhargava, learned counsel for the respondent no.6.

Mr. Bipin Chandra Pant, the Assistant Collector, Ist Class / Sub-Divisional-Magistrate, Kaladhungi, District Nainital is present through video conferencing.

On 07.01.2019, the Coordinate Bench, in WPMS No.41 of 2019, directed the Assistant Collector, Ist Class, Kaladhungi, District Nainital to hear and decide the Revenue Suit No. 22/67 year 1984-85, “Ramesh Chandra Sharma Vs. Karam Chand and Others” as early as possible, preferably within a period of nine months from the date of production of a certified copy of the order.

On 19.12.2023, the Coordinate Bench directed the Assistant Collector, Ist Class, Kaladhungi, District Nainital to decide the said Revenue Suit No. 22/67 year 1984-85 within a period of nine months. The said order, passed in Writ Petition (M/S) No.3394 of 2023) was not complied with. Therefore, a Contempt Petition (CLCON No. 23 of 2023) was filed. The Contempt Petition was disposed of on 12.01.2023 directing the Assistant Collector, Ist Class, Kaladhungi to hear and dispose of the matter, as expeditiously as possible.

In the present Writ Petition, on 03.01.2026, the Coordinate Bench directed the Assistant Collector, Ist Class, Kaladhungi, District Nainital to comply with the orders dated 07.01.2019 and 19.12.2023 within a period of fifteen days.

Mr. Bipin Chandra Pant, Assistant Collector, Ist Class, Kaladhungi, District Nainital submitted that he assumed the charge of Assistant Collector, Ist Class, Kaladhungi on 15.10.2025 and he came to know of the said case only on 17.12.2025. The said case was taken up by him on 20.12.2025, 26.12.2025 and 01.01.2026. He disposed of the objection, filed on 20.05.2020. The said efforts were duly communicated to this Court through a response affidavit dated 30.12.2025. The matter is being taken up for hearing on a day-to-day basis. It was never his intention to flout the orders of the Court. The said case is fixed for the evidence of the defendants. He has sought further three months time to decide the said revenue case.

The said request has not been opposed by Mr. Saurabh Kumar Pandey, Advocate.

The present Writ Petition (WPMS No.3485 of 2025) is disposed of on the request of both the parties by directing the learned Assistant Collector, Ist Class/Sub-Divisional-Magistrate, Kaladhungi, District Nainital to decide the Revenue Suit No. 22/67 year 1984-85, “Ramesh Chandra Sharma Vs. Karam Chand and Others” expeditiously but not later than three months from today.