Rajesh Kumar v. State of U.P. and 2 Others

Court No. - 49 Case :- WRIT - C No. - 42557 of 2023 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Vinod Kumar Yadav, learned counsel for the petitioner; Sri Sridhar Tripathi, learned Standing Counsel representing the State-respondent nos. 1 & 2 and perused the record.

¶2The instant writ petition has been filed, inter alia, for the following relief: "(i) To issue writ, order or direction in the nature of mandamus commanding the Additional Commissioner (Judicial), Azamgarh Division, Azamgarh (respondent no.2) to consider and decide the pending Revision bearing Revision No.353/A, Computerize No.C202015000001329, under Section 219 Land Revenue Act, (Rajesh Kumar versus Gyan Prakash), Village Kanjahit, Pargana Devgaon, Tehsil Lalganj, District Azamgarh within period stipulated by this Hon'ble Court."

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

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

¶3The submission of learned counsel for the petitioner is that the petitioner is the revisionist in the aforesaid revision pending under Section 219 of the Land Revenue Act since 11.11.2020, and the matter is ripe for hearing but due to one or other reasons the hearing of the case could not be done. He submits that the petitioner is suffering undue hardship because of the pendency of the aforesaid revision.

¶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 no.3 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 Additional Commissioner (Judicial), Azamgarh Division, Azamgarh (respondent No.2), before whom the Revision No.353/A, (Computerize No.C202015000001329) 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, if prayed for, will be permissible to be granted only in exceptional circumstances.

¶10With the aforesaid direction, the present writ petition is disposed of. Order Date :- 8.12.2023 I.A.Siddiqui High Court of Judicature at Allahabad