Shamsuddin v. Board of Revenue and 7 Others

Court No. - 49 Case :- WRIT - B No. - 3781 of 2023 Petitioner :- Shamsuddin Respondent :- Board Of Revenue And 7 Others Counsel for Petitioner :- Shyam Lal Yadav,Aprajit Yadav,Sonu Mishra Counsel for Respondent :- C.S.C,Azad Rai Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Aprajit Yadav, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing respondent Nos. 1 & 8 and Sri Deepak Gaur, Advocate holding brief of Sri Azad Rai, learned counsel for Gaon Sabha / respondent No. 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 directing the respondent no. 1 / Board of Revenue, U.P. at Prayagraj to decide/dispose of the Case No. REV/2647/2022, Computerized Case No. AL20220257002647 (Mohd Shareef & others Vs. Shamsuddin), under Section 210 of U.P. Revenue Code, 2006 within stipulated period."

¶3The contention of the learned counsel for the petitioner is that the petitioner is the respondent in the pending revision before the learned Board of Revenue, U.P. at Prayagraj (respondent no. 1). He submits that because of the pendency of the revision, the petitioner is facing hardship and as such the disposal of the revision may be expedited in the interest of justice.

¶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. "

¶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 respondent Nos. 3 to 7 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 learned Board of Revenue, U.P. at Prayagraj (respondent no. 1), before whom the aforementioned matter is pending for disposal, to decide the Case No. REV/2647/2022, Computerized Case No. AL20220257002647 (Mohd Shareef & others Vs. Shamsuddin), under Section 210 of U.P. Revenue Code, 2006, 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 will be granted to either of the parties.

¶10With the aforesaid direction, the present writ petition is disposed of. Order Date :- 9.11.2023 Arif High Court of Judicature at Allahabad