Dilip Kumar Prajapati v. Court of Addil. Commissioner, Devi Patan Circle, Gonda and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5387 of 2023 Petitioner :- Dilip Kumar Prajapati Respondent :- Court Of Addil. Commissioner, Devi Patan Circle, Gonda And Another Counsel for Petitioner :- Vishal Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of appeal bearing Appeal No. 586/2023, Computerized Case No. C20230800000586, (Sakat Ram Vs. Rajendra and Others ), under Section 24 of U.P.Revenue Code, 2006 (in short "Code of 2006"), pending before the respondent No.1-Court of Additional Commissioner, Devi Patan Circle, District Gonda, since April, 2023. 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, as the case may be, should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since April, 2023 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. Upon due consideration, 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 :- 19.10.2023/sumit High Court of Judicature at Allahabad, Lucknow Bench