Awadhesh Kumar and 2 Others v. State of U.P. Thru. Collector, Faizabad and 6 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5392 of 2023 Petitioner :- Awadhesh Kumar And 2 Others Respondent :- State Of U.P. Thru. Collector, Faizabad And 6 Others Counsel for Petitioner :- Sunil 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-respondents is dispensed with. By means of the instant petition, the petitioners seek expeditious disposal of appeal bearing Appeal No. 00634 of 2018, Computerized Case No. C201804000000634, (Ram Achal and others Vs. State of U.P. and others), under Section 24(4) of U.P. Revenue Code, 2006 (in short "Code of 2006"), pending before the respondent No.2-Additional Commissioner, Administration, Ayodhya Mandal, District-Ayodhya, since 2018. 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 2018 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