Indramani Pandey v. Addl. Commissioner (Judicial), Ayodhya Division, Ayodhya and 14 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5061 of 2023 Petitioner :- Indramani Pandey Respondent :- Addl. Commissioner (Judicial), Ayodhya Division, Ayodhya And 14 Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. Present petition has been filed for the following main relief:- "Direct the opposite party no.1 i.e. Additional Commissioner (Judicial), Ayodhya Division, Ayodhya to decide the Interim relief application in Revision No.1091/2023, Computerized Case No.C-202304000001091, Indramani Pandey V/s Surya Narayan and others, under section 210 of U.P. Revenue Code, 2006, relating to Village-Khaichila Khurd, Pargana-Meeranpur, Tehsil-Sadar, District-Sultanpur expeditiously within a period as fixed by this Hon'ble court, in the interest of justice." Considering the fact that the revision, in issue, challenging the order dated 15.05.2023 passed in the Case No.1175 of 2021 which was instituted under Section 30 of the U.P. Revenue Code, 2006 was instituted along with an application seeking interim protection which is pending consideration since May, 2023, however, no effective order has been passed till date including with regard to the admission of revision and also that, as stated in the present petition, in absence of interim protection, as prayed for, the petitioner is suffering great hardship and mental agony, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1-Additional Commissioner, (Judicial), Ayodhya Division, Ayodhya to consider and decide the issue of admission and also consider the interim relief sought on the next date fixed and if the same is not possible then within a period of one month from the next date fixed in the case and further, the respondent No.1 shall make all endevaour to decide the revision, in issue, i.e. Revision No.1091/2023, Computerized Case No.C-202304000001091, within a period of six months from the next date fixed in the case, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably, if possible and if there is no other legal impediment in this regard. The aforesaid is for the reason that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with Para 458(2) of U.P. Revenue Court Manual, a revision or appeal, as the case may be, should preferably be decided within a period of six months. It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 10.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench