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Neutral Citation No. - 2025:AHC:11416
Court No. - 34 Case :- WRIT - C No. - 33960 of 2024 Petitioner :- Mohan Lal Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ganesh Shankar Dubey Counsel for Respondent :- Azad Rai,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 and 2 and Sri Azad Rai, counsel for the Gram Sabha i.e. opposite party no.3.
2. In view of the order proposed to be passed, issuance of notice to opposite parties no.4 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.T202302030801900 of 2023, Mohan lal and others Vs. Vishram and others, under Section 116 of U.P. Revenue Code, 2006 within a stipulated period.
4. Learned Counsel for the petitioner by inviting the attention of this Court towards Rule 109 (10) of the U.P. Revenue Code Rules, 2016 submits that it is the bounden duty rather obligation on the concerned Officer/Magistrate 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 109(10) of U.P. Revenue Code Rules, 2016 is extracted herein-below:-
“Rule 109. Preliminary and Final decrees (Section 117). (1) ……... (2) ………………………………. (3) ………………………………. (4) ………………………………. (5) ………………………………. (6) ………………………………. (7) ………………………………. (8) ………………………………. (9) ………………………………. (10) The Sub-Divisional Officer shall make an endeavour to decide the suit within the period of six months and if the suit is not decided within such period, the reason 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 case pending before him within a period of six 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