NANBUDDA AND ANOTHER v. STATE OF U.P. AND 6 OTHERS
WRIC/32025/2024 · 2025-05-12
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100088 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78390 Court No. - 34 Case :- WRIT - C No. - 32025 of 2024 Petitioner :- Nanbudda And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jitendra Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Jitendra Kumar, learned counsel for the petitioners and Ms. Deepmala Srivastava, learned Standing Counsel for the State-respondents.
2. By means of present writ petition, the petitioners have prayed for following reliefs:-
"Issue a order or direction in the nature of mandamus commanding and directing the respondent No.2, Additional Commissioner-1, Prayagraj, Region Prayagraj to decide the Suit No. 1554 of 2023 as Computerized Case No. C202302000001554 (Ram Naresh Vs. Shyam Lal and others) under Section 24(4) U.P. Revenue Code, 2006 Tehsil-Khaga, District- Fatehpur, within the period stipulated by this Hon'ble Court in the interest of justice, otherwise the petitioner will suffer irreparable loss and injury."
3. This Court vide order dated 17.03.2025 called for a report from the Additional Commissioner-I, Prayagraj Division, Prayagraj that as to why the proceedings of the Appeal No. 1554 of 2023, Computerized Case No. C202302000001554, Ram Naresh Vs. Shyam Lal and Others under Section 24(4) of the U.P. Revenue Code, 2006, are lingering on.
4. In pursuance of the Court's order dated 17.03.2025, the learned Additional Commissioner-I, Prayagraj Division, Prayagraj submitted the desired report, which provides that the Appeal under Section 24(4) of the U.P. Revenue Code, 2006 having Computerized Case No. C202302000001554 was admitted vide
order dated 27.09.2023, notices were issued and the lower court record was summoned, fixing 09.11.2023 as the next date. The said report also provided that subsequently, the matter was fixed for hearing on 29.01.2024, 11.03.2024, 08.05.2024, 12.07.2024, 28.08.2024, 09.10.2024, 13.11.2024, 16.12.2024,
17.01.2025, 05.02.2025, 13.02.2025, 21.02.2025, 18.03.2025 and 09.04.2025, out of which, on five dates, the lawyers abstained from judicial work and on some dates the Presiding Officer was occupied in the Administrative work. It is also provided in the said report on 17.01.2025, the case was adjourned due to non appearance of the appellant. Further, on 18.03.2025, the case was adjourned because of the non-receipt of the lower court record and thereafter a reminder was sent for summoning the lower court record. On 24.03.2025 again a reminder was sent to the lower court regarding the summoning of the lower court record. The matter was then fixed for 09.04.2025. 5. Learned counsel for the petitioner could not give the details as to what happened on 09.04.2025. 6. Be that as it may, it is not disputed that the case under Section 24(4) of the U.P. Revenue Code, 2006 is pending for disposal since 27.09.2023. 7. Sub Rule 4 of Rule 183 of U.P. Revenue Code Rules, 2016 provides as under:
"The appellate or the revisional Court shall, endeavour to finally decide the appeal or revision, as the case may be, within a period of six months from the date of filing the appeal or revision and if the appeal or revision is not decided within the aforesaid period, the reason for the same shall be recorded."
8. There is a clear legislative mandate that if proceedings are not concluded within the period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 9. Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case, within stipulated period as fixed by this Court. 10. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 5, 6 and 7 is dispensed with. 11. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ
petition pending. 12.
Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the learned Additional Commissioner-I, Prayagraj Division, Prayagraj (respondent no.2), before whom the Appeal No. 1554 of 2023 (Computerized Case No. C202302000001554) is pending for disposal since 2023, to decide the same strictly in accordance with law, by a reasoned
order on merit, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of four months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, may be granted only in exceptional circumstances.
13. With the aforesaid direction, the present writ petition is disposed of.
Order Date :- 13.5.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad