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2025 DAILYLAW 103993 (ALL)

ISHWARI PRASAD AND 16 OTHERS v. State of UP AND 11 OTHERS

WRIC/33873/2024 · 2025-01-21

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11531 Court No. - 34 Case :- WRIT - C No. - 33873 of 2024 Petitioner :- Ishwari Prasad And 16 Others Respondent :- State Of Up And 11 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioners and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties no.1 to 3 and Avinash Chandra Srivastava, counsel for the Gram Sabha i.e. opposite party no.4. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.5 to 12 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 Case No.1091 of 2024, Computerized Case No.D20240150001091, Mahraj Singh and others Vs. Ishwari Prasad and others, under Section 128 of U.P. Revenue Code, 2006 within a stipulated period. 3. Learned Counsel for the petitioners by inviting the attention of this Court towards Rule 126(6) of the U.P. Revenue Code Rules, 2016 submits that it is the bounden duty rather obligation on the concerned Officer to decide the case within the time framed in the Rules, otherwise the purpose of framing the Rules and the time schedule to decide a case would be frustrated. For the sake of convenience, Rule 126(6) of U.P. Revenue Code Rules, 2016 is extracted herein-below:- “126(6). The Collector shall endeavour to conclude the enquiry within the period of three months from the date of issuance of notice and if the enquiry is not concluded within the period of three months, the reasons for the delay shall be recorded.” 4. Learned Additional Chief Standing Counsel and counsel for the Gram Sabha 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 case 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 without prejudice to their rights. . (Brij Raj Singh, J.) Order Date :- 22.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad