NILESH KUMAR AND ANOTHER v. State of UP AND 4 OTHERS
WRIC/35239/2024 · 2025-01-24
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105161 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105161 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12921 Court No. - 34 Case :- WRIT - C No. - 35239 of 2024 Petitioner :- Nilesh Kumar And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Sheetal Verma Counsel for Respondent :- C.S.C.,Hari Narayan Singh 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.1and 2 and Sri Hari Harayan Singh, counsel for the Gram Sabha i.e. opposite party no.5. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.3 and 4 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 Revision No.390 of 2024, Computerised Case No.C20240300000390, Nilesh Kumar and others Vs. Vinod and others filed under Section 333 of U.P.Z.A. & L.R. Act, 1950 along with stay application dated 30.01.2024 within a stipulated period. 4. Learned Counsel for the petitioners submits that if the period for concluding a proceeding has not been fixed in the Code, Act or the Rules, the court shall make an endeavour to conclude the proceeding within a period of ninety days. In this regard, he by inviting the attention of this Court towards Para-479 of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the concerned Officer/Magistrate to decide the case within the time framed in the Manual, otherwise the purpose of framing the Rules and the time schedule to decide a case would be
frustrated. For the sake of convenience, Para-479 of U.P. Revenue Court Manual is extracted herein-below:-
“479. Reason for delay in disposal- If the period for concluding a proceeding has not been fixed in the Code or the Rules; the court shall endeavour to conclude the proceeding within a period of ninety days and if the proceeding is not concluded 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 interim relief application filed along with the aforesaid revision within three weeks from the date a certified copy of this order is produced before him and, thereafter, the revision shall be decided within three months after affording opportunity of hearing to all aggrieved parties 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