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Mst. Brijrani and Another v. Additional Commissioner, Administration-Ii, Devipatan Division, Gonda and 10 Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
16 October 2023
Bench
Saurabh Lavaniaauthor
Case no.
5264/2023

Judgment

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5264 of 2023 Petitioner :- Mst. Brijrani And Another Respondent :- Additional Commissioner, Administration-Ii, Devipatan Division, Gonda And 10 Others Counsel for Petitioner :- Mohd. Shameem Khan,Abdul Haleem Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 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 this petition, the petitioners seek expeditious disposal of Revision No. 1100/2022, Computerized Case No. C202208000001100 (Nanhe and others vs. Mst. Brijrani and another) filed under Section 219 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Additional Commissioner, Administration-II, Devi Patan Division, Gonda. The submission of petitioners' counsel is that as per 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 revision is pending since 2022 and on account of pendency of the same, the petitioners being the lady are suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, 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 to consider and decide the Revision No. 1100/2022, Computerized Case No. C202208000001100 (Nanhe and others vs. Mst. Brijrani and another) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the 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 :- 16.10.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.