Uday Raj and Another v. Commissioner, Ayodhya Mandal, Ayodhya and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5605 of 2023 Petitioner :- Uday Raj And Another Respondent :- Commissioner, Ayodhya Mandal, Ayodhya And Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh 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) To issue order or direction commanding the opposite parties specially opposite party No. 1, i.e. Commissioner, Ayodhya Division, Ayodhya to decide the Appeal No. 1396/2022, Computerized Case No. 202204000001396, "Ram Janam Yadav Vs Udai Raj and others", under section 207 of U.P. Revenue Code, 2006, within stipulated period frame by this Hon'ble Court, in the interest of justice." 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 appeal is pending since 2022 and on account of pendency of the same, the petitioners 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/Commissioner, Ayodhya Division, Ayodhya to consider and decide the Appeal No. 1396/2022, Computerized Case No. 202204000001396, (Ram Janam Yadav Vs Udai Raj 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 :- 2.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench