Yasin v. Addl. Commissioner,Lko. Division, Lko. and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5305 of 2023 Petitioner :- Yasin Respondent :- Addl. Commissioner,Lko. Division, Lko. And 2 Others Counsel for Petitioner :- Sunita Srivastava,Gargi Prakash Misra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. The present petition has been filed for the following main relief:- "i. Direct the opposite party no. 1/Additional Commissioner, Lucknow Division Lucknow to decide the appeal no. 02392 of 2018 computerized case no.C201810000002392 "Jafar Ali Versus Asgar Ali and others" under section-331 of U.P.Z.A. & L.R. Act pending before him since 2018 filed by opposite party no. 2 expeditiously within stipulated time as fixed by this Hon'ble Court as contained in Annexure No. 6 to this petition." It is stated 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 2018 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to direct the respondent no.1 to conclude the proceedings expeditiously. 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 appeal no. 02392 of 2018 Computerized Case No.C201810000002392 (Jafar Ali Versus Asgar Ali and others), 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 possible and 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 :- 17.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench