Neutral Citation No. - 2025:AHC:89643 Court No. - 34 Case :- WRIT - C No. - 32549 of 2024 Petitioner :- Ashok Kumar Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Giri Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Ms. Neelam Pandey, Advocate holding brief of Shri Rajeev Giri, learned counsel for the petitioner and Shri Dhananjay Singh, learned Standing Counsel representing the State- respondents. 2. By means of present writ petition, the petitioner has prayed for following relief:- "i. To issue a writ, order or direction in the nature of certiorari to quash the Computer Case No. Tehsil-202415060706402, under Section 67(1) of The Uttar Pradesh Revenue Code, 2006 initiated on the basis of Lekhpal Report dated 02.07.2024 pending before the respondent No.3 ii. To issue a writ, order or direction in the nature of mandamus commanding and directed to the Respondent No.3 to decide the objection dated 03.08.2024 of the petitioner pending before respondent No.3 within stipulated time period." 3. Precisely, the submission of the learned counsel appearing on behalf of the petitioner is that the proceedings under Section 67 of the U.P. Revenue Code, 2006 were initiated in respect of the plot bearing Gata No. 147 whereas the petitioner being the Bhumidhar of the plot bearing Gata No. 148 is in possession of the same and has not encroached upon the adjacent plot No. 147 in any manner. The contention of the learned counsel for the petitioner is that the report submitted by the Lekhpal is erroneous, therefore, she has filed an objection dated 13.08.2024 against the said report dated 02.07.2024, which is pending for orders. 4. The contention of the learned counsel for the petitioner is that the petitioner filed an application for demarcation under Section 24 of the U.P. Revenue Code, 2006 in respect of her own plot No. 148 which is pending before the Sub-Divisional Magistrate (Judicial), Tehsil-Sagari, District-Azamgarh (respondent No.2) wherein the Lekhpal concerned submitted his report on 01.06.2024. Submission of the learned counsel for the petitioner is that without proper demarcation under Section 24 of the U.P. Revenue Code, 2006, the proceeding under Section 67 of the U.P. Revenue Code, 2006 would not be justified and sustainable in law. 5. It has not been disputed by the learned Standing Counsel appearing for the State-respondents that the demarcation proceeding having case No. T202415060702679 (Ashok Kumar Vs. Pawan Kumar and others) under Section 24 of the U.P. Revenue code, 2006 is pending before the Sub-Divisional Magistrate, Tehsil-Sagari, District-Azamgarh. 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 above mentioned case. 7. Sub-Section (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under: "(3). Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within (three months) from the date of the application." 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. Considering the facts and circumstances of the case, this Court is of the opinion that no useful purpose would be served in keeping the present writ petition pending, therefore, it would be appropriate to dispose of the instant writ petition with a direction to the concerned Sub-Divisional Officer to expeditiously conclude the proceedings under Section 24 of the U.P. Revenue Code, 2006. 10. 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 Sub- Divisional Magistrate (Judicial), Tehsil-Sagari, District-Azamgarh (respondent no. 2), before whom the Computerized Case No. T202415060702679 is pending for disposal, to decide the same strictly in accordance with law, by a reasoned order on merit, after affording due opportunity of objection to the parties concerned, expeditiously and preferably within a period of three 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, will be permissible to be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is disposed of. 11. It is hereby provided that till the proceeding under Section 24 (3) of the U.P. Revenue Code, 2006 is concluded, the proceeding under Section 67 of the U.P. Revenue Code, 2006 having case No. 6402 of 2024 based on the Lekhpal dated 02.07.2024 shall remain in abeyance. Order Date :- 26.5.2025/Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad