INDU PRAKASH AND ANOTHER v. COMMISSIONER AZAMGARH DIVISION AND 3 OTHERS
WRIC/32683/2024 · 2025-03-02
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101637 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:29887 Court No. - 37 Case :- WRIT - C No. - 32683 of 2024 Petitioner :- Indu Prakash And Another Respondent :- Commissioner Azamgarh Division And 3 Others Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Sujeet Kumar Rai, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents as well as Sri Prem Bahadur Singh, Advocate holding brief of Sri Rameshwar Prasad Shukla,
learned counsel appearing on behalf of Village Panchayat/respondent no.4 and perused the record.
2. The present writ petition has been filed, inter-alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing respondent no.1 - Commissioner, Azamgarh Division, Azamgarh to decide Appeal No.244/A (Computerized No. 202315000001685 (Indu Prakash Rai and another Vs. Sushil Kumar & others), under Section 24 (4) of U.P. Revenue Code, 2006, within stipulated period."
3. Learned counsel for the petitioners submits that Appeal No.244/A (Computerized No. 202315000001685 (Indu Prakash Rai and another Vs. Sushil Kumar & others), under Section 24 (4) of U.P. Revenue Code, 2006 is pending for disposal since the year 2023 before respondent No.1, but till date no final
order has been passed and because of the pendency of the said case the petitioners are facing undue hardship.
4. 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."
5. There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided
under the aforesaid provision, reasons for the same shall be recorded.
6. 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 case within stipulated period as to be fixed by this Court.
7. In view of the nature of the order proposed to be passed, the service of notice upon the opposite party nos. 2 & 3 is dispensed with.
8. 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.
9. Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with direction to respondent no.1 - Commissioner, Azamgarh Division, Azamgarh, before whom the aforementioned matter is pending for disposal, to decide Appeal No.244/A (Computerized No. 202315000001685 (Indu Prakash Rai and another Vs. Sushil Kumar & others), under Section 24 (4) of U.P. Revenue Code, 2006 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 six 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.
10. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 3.3.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad