Radhey Shyam v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and 3 Othes

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5164 of 2023 Petitioner :- Radhey Shyam Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lucknow And 3 Othes Counsel for Petitioner :- Anil Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been preferred for expeditious disposal of Revision No.1543/2023 filed under Section 210 of U.P. Revenue Code, 2006 pending before respondent No. 2. Submission of learned counsel for the petitioenr with regard to main relief sought is to the effect that the revision, in issue, was filed in the months of July, 2023 as appears from the certified copy of the order sheet particularly the order passed on

14.07.2023 and in revision, several dates have been fixed and no effect order has been passed including the order on admission as also on the application of the interim relief preferred by the petitioner along with memo of revision on account of reasons beyond the control of the petitioner. He further submitted 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 should be decided preferably within a period of six months and in the instant case, even the order on admission has not been passed, as such indulgence of this Court is required. Taking note of the aforesaid fact as also that three months have been passed but no order has been passed on application for interim relief and on admission of revision, this Court is of the view that the indulgence of this Court is required. Accordingly, the present petition is disposed of with direction to the respondent No.2-Additional Commissioner (Judicial), Ayodhya Division, Ayodhya to consider and decide the issue of admission as also the prayer for interim relief sought by the revisionist/petitioner in Revision No.1543/2023, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of one month from the next date fixed in the case, if there is no other legal impediment. It is made clear that the Court has not examined the case of either of the parties 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 :- 12.10.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench