Munnu Lal @ Munni Lal v. State of U.P. and 4 Others

Court No. - 49 Case :- WRIT - B No. - 2910 of 2023 Petitioner :- Munnu Lal @ Munni Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- S.P. Vishwakarma Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Surya Prakash Vishwakarma, learned counsel for the petitioner, Sri Dinesh Kumar Verma, learned Standing Counsel for the State-respondent nos. 1 & 2 and perused the record.

¶2The instant writ petition has been filed, inter alia, for the following relief: "(i) Issue a writ order or direction in the nature of mandamus commanding the respondent no.2/ Board of Revenue, U.P. at Lucknow to conclude the Revision No. 99/2003-2004, Computerized Case No. R200406230019701 (Maharani Deen and others Vs. Munni Lal and others), within stipulated period which specified by this Hon'ble Court."

¶3The contention of the learned counsel for the petitioner is that the Revision bearing Case No. 99/2003-2004, Computerized Case No. R200406230019701 (Maharani Deen and others Vs. Munni Lal and others), is pending adjudication since

17.03.2004 before the learned Board of Revenue, U.P. at Lucknow (respondent no. 2) for order. He further submits that due to the pendency of the said revision, the petitioner is facing undue hardship.

¶4Para 458 of U.P. Revenue Court Manual provides as under: "458. Speedy Disposal- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the suit and if the suit is not decided within the period aforesaid, the reason for the same shall be recorded.

(2) The appellate or the revisional court shall endeavour to finally decide the appeal or revision, as the case may be, within a period of six months from the date of filing the appeal or revision and if the appeal or revision is not decided within the aforesaid period, the reason for the same shall be recorded."

¶5Since, there is a clear legislative mandate that if proceedings are not concluded within the period of time as provided under the aforesaid provision, reasons for the same shall be recorded.

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

¶7In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 to 5 is dispensed with.

¶8Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

¶9Accordingly, without adverting on merits of the case, with the consent of learned counsel for the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the learned Board of Revenue, U.P. at Lucknow (respondent no. 2), before whom the Revision bearing Case No. 99/2003-2004, Computerized Case No. R200406230019701 (Maharani Deen and others Vs. Munni Lal and others), is pending for disposal, to decide the same strictly in accordance with law, by a reasoned and speaking order on merit, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments shall be granted to either of the parties.

¶10With the aforesaid direction, the present writ petition is disposed of. Order Date :- 17.10.2023 Anurag/- High Court of Judicature at Allahabad