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2025 DAILYLAW 104036 (ALL)

BADRUNISHA v. State of UP AND 5 OTHERS

WRIC/33961/2024 · 2025-01-21

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11443 Court No. - 34 Case :- WRIT - C No. - 33961 of 2024 Petitioner :- Badrunisha Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Anjeet Singh Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner, 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 6 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 appeal in Case No.280 of 2024, Computerised Case No.C202402000000280, Badrunisha Vs. Kamal Hasan and others, under Section 24(4) 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