Banka Yadav v. Additional Commissioner Gorakhpur and 13 Others

Court No. - 49 Case :- WRIT - C No. - 42947 of 2023 Petitioner :- Banka Yadav Respondent :- Additional Commissioner Gorakhpur And 13 Others Counsel for Petitioner :- Arun Kumar Verma Counsel for Respondent :- C.S.C,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Arun Kumar Verma, learned counsel for the petitioner, Sri Hari Mohan Srivastava, learned Additional Chief Standing Counsel representing the respondents no.1 to 3 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-Commissioner, Gorakhpur Mandal, Gorakhpur to decide the appeal No. C202205000000530 (Banka Yadav versus Vyas and others), District Deoria, within a short period.

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

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

¶3Learned counsel for the petitioner submits that the Appeal No. C202205000000530 is pending for disposal since 2022 before the respondent no.1 and because of the pendency of the aforesaid appeal, 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 Additional Chief 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.5 to 14 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 Additional Commissioner, Gorakhpur Mandal, Gorakhpur (respondent no.1), before whom the Appeal No.C202205000000530 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 and the adjournment, 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 :- 14.12.2023 Abhishek Gupta High Court of Judicature at Allahabad