Raj Kumar v. State of U.P. and 4 Others

Court No. - 49 Case :- WRIT - B No. - 3679 of 2023 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devendra Singh Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Devendra Singh, learned counsel for the petitioner; Sri Arunesh Singh, learned Standing Counsel representing the respondents no. 1 & 2; Sri Arun Kumar Pandey, learned counsel for the Gaon Sabha-respondent no.4 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 case no. RES/674/2023, Computerized Case No. R2023131600674 (Raj KUmar and others versus Nanhe) filed in the original case No.2264/2016 under Section 219 of Land Revenue Act, 1901 pending before respondent no.2 forthwith or within stipulated period as fixed by this Hon'ble Court.

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

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

¶3Learned counsel for the petitioner submits that the restoration Case No. RES/674/2023 is pending for disposal since 2023 before the respondent no.2, but till date the case has not been decided.

¶4Para 479 of the Revenue Court Manual provides as under: "Reason for delay in disposal-If the period for concluding a proceeding has not been fixed in the Code or the Rules; the court shall endeavour to conclude the proceeding within a period of ninety days and if the proceeding is not concluded 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 stipulated 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 case within 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 the respondents no.3 & 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 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 learned Board of Revenue U.P. at Lucknow (respondent No.2), to decide the aforesaid Case No. RES/674/2023 (Computerized Case No. R2023131600674), 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 three 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.

¶10With the aforesaid direction, the present writ petition is disposed of. Order Date :- 1.11.2023 Abhishek Gupta High Court of Judicature at Allahabad