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Judgment
22 paragraphs · 401 wordsSandeep Sharma, J
Having regard to the nature of the order this Court proposes to pass in the given facts and circumstances of the case, it deems it not necessary to
issue notices to respondents No.3 to 5 because it would not only cause inconvenience to them, rather they would be unnecessarily burdened to engage
counsel to represent them in the instant proceeding.
By way of instant petition filed under Article 227 of the Constitution of India, prayer has been made on behalf of the petitioners for issuance of
directions to respondent No.2, i.e. Assistant Collector, 1st Grade, Kasauli, District Solan, Himachal Pradesh, to decide the partition case bearing
No.23/IX/2013 pending before him/her since the year 2013, expeditiously in time bound manner.
Having carefully perused the averments contained in the petition visÂaÂvis prayer made on behalf of the petitioners, learned Deputy Advocate
General representing respondents No.1 and 2, fairly states that no reply is required to be filed in the instant proceedings and he shall have no objection
in case directions, as prayed for, in the instant petition are issued to respondent No.2, for expeditious disposal of the case pending before him/her.
Having heard learned counsel representing the parties and perused the averments contained in the application, this Court finds that partition case
having been filed by the petitioners is hanging fire since the year, 2013 and as such, prayer made on behalf of the petitioners for issuance of direction,
as has been referred hereinabove, deserves to be considered.
Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a
direction to respondent No.2, i.e. Assistant Collector, 1st Grade, Kasauli, District Solan, Himachal Pradesh, to decide the partition case No.
No.23/IX/2013, expeditiously, preferably within a period of two months from today. Ordered accordingly.
Learned Deputy Advocate General undertakes to apprise the aforesaid Officer (respondent No.2) with regard to passing of the instant order,
enabling it to do the needful well within stipulated time.
The learned counsel representing the petitioners undertakes to cause presence of the parties before respondent No.2 i.e. Assistant Collector, 1st
Grade, Kasauli, District Solan, Himachal Pradesh on 30.7.2020, enabling him to fix the matter for further proceedings.
The petition stands disposed of in the aforesaid terms, so also pending application(s), if any.
Authenticated copy