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2025 DAILYLAW 101933 (ALL)

JAHAR SINGH AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/32821/2024 · 2025-01-23

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12353 Court No. - 34 Case :- WRIT - C No. - 32821 of 2024 Petitioner :- Jahar Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Bahadur Yadav Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 and 2 and Sri Deepak Gaur, learned counsel for opposite party no.3 . 2. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing the respondent no. 02 (Sub Divisional Magistrate, Tehsil- Moth, District-Jhansi to decide the Case No. 270 of 2022 Computerized Case T202206370200270 of 2022 (Jahar Singh and others versus State of U.P. and others) under Section 144 of U.P. Revenue Codeo-2006 within a stipulated period. 3. Learned counsel for the petitioner by inviting the attention of this Court towards Para-458(1) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the court to make an endeavour to finally decide the suit within a period of one year from the date of filing the suit, but in spite of the aforesaid obligation, the suit has not yet been decided though it is pending from the year 2022. For the sake of convenience, Para-458(1) of U.P. Revenue Court Manual is extracted herein-below:- "458.Speedy Disposal.-- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the said suit and if the suit is not decided within the aforesaid period, the reason for the same shall be recorded." 4. Learned Additional Chief Standing Counsel and counsel for opposite party no.3 do not dispute the aforesaid legal position. 5. Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid Suit pending before him within a period of one year from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned without prejudice to their rights. Order Date :- 23.1.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad