LAUTAN AND 2 OTHERS v. State of U.P. AND 10 OTHERS
WRIC/33910/2024 · 2025-01-21
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103907 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11438
Court No. - 34 Case :- WRIT - C No. - 33910 of 2024 Petitioner :- Lautan And 2 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 to 3 and Sri Rameshwar Prasad Shukla, counsel for the Gram Sabha i.e. opposite party no.11.
2. In view of the order proposed to be passed, issuance of notice to opposite parties no.4 to 10 is dispensed with.
3. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.2 to decide the stay application filed in Revision No.C202415000001360, Lautan and others Vs. Ran Davar and others, under Section 210 of U.P. Revenue Code, 2006 within a stipulated period.
4. Learned counsel for the petitioners submits that the power of appellate and revisional court to decide the appeal or revision is to be exercised in the manner prescribed by Rule 183(4) of the U.P. Revenue Code Rules, 2016, which reads as under:-
" 183. Power of appellate and revisional Court (Sections 207, 208 and 210). (1) x x x x x (2) x x x x x (3) x x x x x (4) The appellate or the revisional court shall, endeavor 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. Learned Additional Chief Standing Counsel and counsel for the Gram Sabha do not dispute the aforesaid legal position.
6. Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid stay application pending before him within a period of three months from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned. . (Brij Raj Singh, J.) Order Date :- 22.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad