Mohar Singh v. State of U.P. and Another

Court No. - 49 Case :- WRIT - B No. - 3046 of 2023 Petitioner :- Mohar Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashok Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Ashok Kumar Tripathi, learned counsel for the petitioner, Sri Anshul Nigam, learned Standing Counsel representing the respondents no.1 & 2 and perused the record.

¶2The instant writ petition has been filed, inter alia, for the following relief: "(i) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the Second Appeal No. SA/2521/2019 (Computerized Case No. AL20190960002521) (Pradeep Rathi versus Additional Commissioner Saharanpur and others), under Section 331 of U.P.Z.A. & L.R. Act within stipulated period as fixed by this Hon'ble Court.

(ii) ................................

(iii) ..............................."

¶3The contention of the learned counsel for the petitioner is that the Second Appeal No. SA/2521/2019, under Section 331 of U.P.Z.A. & L.R. Act is pending for disposal since 2019 before the respondent no.2. He submits that the petitioner is the respondent in the aforesaid second appeal and the petitioner is suffering hardship because of the pendency of the aforesaid appeal.

¶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 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.

¶7Taking 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.

¶8Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the Board of Revenue at Allahabad (respondent No.2), before whom the Second Appeal No. SA/2521/2019, Computerized Case No. AL20190960002521, 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 legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties. However, if prayed for, will be permissible to be granted only in exceptional circumstances.

¶9With the aforesaid direction, the present writ petition is disposed of. Order Date :- 19.10.2023 Abhishek Gupta High Court of Judicature at Allahabad