Prithvi Nath Dubey and Another v. State of U.P. Thru. Addl. Chief Secy. Revenue, Lucknow and 3 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5413 of 2023 Petitioner :- Prithvi Nath Dubey And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue, Lucknow And 3 Others Counsel for Petitioner :- Somdutta Singh 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 petitioners seek expeditious disposal of Case No.736 of 2022, Computerized Case No. C202204000000736 (Ram Narayan Dubey Vs. Prithvi Nath Dubey and Others ), under Section 331(3) of U.P. Consolidation of Holdings Act, 1950 (in short "Act of 1950"), pending before the respondent No.2-Court of Additional Commissioner (Judicial), Division Ayodhya, since May, 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, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the case is pending since May, 2022 and on account of pendency of the same, the petitioner, who is aged about 60 years, 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