Ram Shankar v. State of U.P. Thru. Addl. Chief Secy., Revenue, Lko. and 13 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5229 of 2023 Petitioner :- Ram Shankar Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue, Lko. And 13 Others Counsel for Petitioner :- Richa Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner says that one necessary party has left to be impleaded in this petition, as such, he may be permitted to implead the same during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioner is permitted to implead the said party in the memo of this petition during the course of the day. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of Case No. 1258/2022 (Smt. Lilawati Versus Brij Kishore), under Section 207 of U.P. Revenue Code, 2006 (in short "Code of 2006"), pending before the respondent No.2-Additional Commissioner (Administration), Ayodhya Division, Ayodhya, since 30.07.2022. It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since 2022 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending appeal within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. 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 observations, the petition is disposed of. Order Date :- 13.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench