Rambaboo v. State of U.P. and 5 Others

Court No. - 49 Case :- WRIT - B No. - 3101 of 2023 Petitioner :- Rambaboo Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Sudhir Kumar, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondent nos. 1 & 2, Sri Azad Rai, learned counsel for the respondent no.3-Gram Sabha and perused the record.

¶2By means of the present petition the petitioner has prayed for writ of mandamus, directing the respondent No.2/ Board of Revenue, U.P. at Prayagraj to decide the Revision No. 2516 of 2021, Computerized Case No. AL20210225002516 (Suresh Chandra Vs. Rambaboo and others), under Section 210 of the U.P. Revenue Code, 2006 within stipulated period which specified by this Hon'ble Court.

¶3Learned counsel for the petitioner submits that the case under Section 210 of the U.P. Revenue Code, 2006 is pending for disposal since 2021 before the respondent no.2. He submits that the petitioner is opposite party no.1 in the aforesaid revision and due to the pendency of the said revision, the petitioner is facing undue hardship.

¶4Sub Rule 4 of Rule 183 of U.P. Revenue Code Rules, 2016 provides as under: "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."

¶5There 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 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 respondents no. 4 to 6 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 and with the consent of the parties present, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to Board of Revenue, U.P. at Prayagraj (respondent no.2), before whom the Revision No. 2516 of 2021, Computerized Case No. AL20210225002516 (Suresh Chandra Vs. Rambaboo and others), under Section 210 of the U.P. Revenue Code, 2006 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 period of six months from the date of receipt of a certified copy of this order, unless there is any other legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties.

¶10With the aforesaid direction, the present writ petition is disposed of. Order Date :- 18.10.2023 Anurag/- High Court of Judicature at Allahabad