Badrunisha v. State of U.P. and 4 Others

Court No. - 49 Case :- WRIT - C No. - 26444 of 2023 Petitioner :- Badrunisha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjeet Singh Counsel for Respondent :- C.S.C,Azad Rai Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Anjeet Singh, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel for respondents No.1 and 2, Sri Azad Rai, learned counsel for respondent no.3-Gaon Sabha and perused the record.

¶2By means of the present petition, the petitioner has assailed the order dated 20.07.2023 by means of which Sub-Divisional Officer, Tehsil-Khaga, District-Fatehpur, remitted the matter for demarcation and called for the 'Hadbandi report' and the second prayer made by the petitioner in the writ petition is for a direction to respondent no.2 to expedite the disposal of the Case No.04033 of 2020 (Computerized Case No. T202002250304033) filed under Section 24 of the U.P. Revenue Code, 2006, which is pending before him, in a time bound manner.

¶3Learned counsel for the petitioner submits that the he does not want to press the prayer no.1 as made by him in the present writ petition and he is now pressing only prayer no.2, which is confined only for writ in the nature of mandamus for expeditious disposal of the pending proceedings of the Case No.04033 of 2020 (Computerized Case No. T202002250304033), under Section 24(3) of U.P. Revneue Code, 2006.

¶4Sub-Section (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under: "(3). Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within (three months) from the date of the application."

¶5Learned counsel appearing for the State-respondents has raised a preliminary objection by contending that the said order has been passed in summary proceeding and further the petitioner has a remedy of appeal under Section 24(4) of the U.P. Revenue Code, 2006 before the Commissioner and as such the writ petition is not maintainable.

¶6Learned Standing Counsel for the State further submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned proceedings within the stipulated period as to be fixed by this Court.

¶7In view of the nature of the order proposed to be passed, the service of notice upon respondents No. 4 & 5 is dispensed with.

¶8Taking into consideration the facts and circumstances of the case, without adverting on merits of the case, with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Officer, Tehsil-Khaga, District-Fatehpur (respondent No. 2), before whom the aforementioned proceeding is pending for disposal, to decide the Case No.04033 of 2020 (Computerized Case No. T202002250304033), under Section 24(3) of U.P. Revneue Code, 2006 strictly in accordance with law by a reasoned and speaking order on merit, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order.

¶9With the aforesaid direction, the present writ petition is disposed of. Order Date :- 16.10.2023 Anurag/- High Court of Judicature at Allahabad