Om Prakash v. Addl. Commissioner (Judicial), Ayodhya Division, Ayodhya and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5610 of 2023 Petitioner :- Om Prakash Respondent :- Addl. Commissioner (Judicial), Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Ajay Kumar Pandey 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:- "a. Direct the opposite party no.1 i.e. Additional Commissioner (Judicial), Ayodhya Division, Ayodhya to decide the Revision No.496/2020, Computerized Case No.C-202004000000496, Dayaram V/s Om Prakash and others, under section 210 of U.P. Revenue Code, 2006, relating to Village-Pasna, Pargana-Aldemau, Tehsil-Kadipur, District-Sultanpur expeditiously within a period as fixed by this Hon'ble court, in the interest of justice." 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, as per which, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending since 2020 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. In view of above, 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 :- 2.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench