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2025 DAILYLAW 104002 (ALL)

MANOJ KUMAR SINGH v. STATE OF U.P. AND 6 OTHERS

WRIC/35360/2024 · 2025-01-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12770 Court No. - 34 Case :- WRIT - C No. - 35360 of 2024 Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anurag Rai,Jitendra Singh Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties no.1 and 2. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.3 to 7 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.27/52/2010-2011, Computerised Case No.T20100531162, Shyam Sunder Vs. Smt. Dropati Devi, under Section 229B of U.P.Z.A. & L.R Act, 1950 within the stipulated period. 4. 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 case has not yet been decided though it is pending since 2010. 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.” 5. Learned Additional Chief Standing Counsel does 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 case 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. . (Brij Raj Singh, J.) Order Date :- 24.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad