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2025 DAILYLAW 105906 (ALL)

ASHISH TIWARI v. State of UP AND 4 OTHERS

WRIC/36335/2024 · 2025-01-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12943 Court No. - 34 Case :- WRIT - C No. - 36335 of 2024 Petitioner :- Ashish Tiwari Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Anmol Tiwari Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Brij Raj Singh,J. 1. On oral request, learned counsel for the petitioner is permitted to implead "District Magistrate, Kanpur Dehat" as respondent in the memo of writ petition. 2. Instructions produced by learned Standing Counsel for the State is placed on record. 3. Heard learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 to 3 and Sri Azad Rai, counsel for the Gram Sabha i.e. opposite party no.4. 4. In view of the order proposed to be passed, issuance of notice to opposite party no.5 is dispensed with. 5. 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.3 to enforce and comply order dated 09.07.2024 in Case No.1680 of 2022, Gaon Sabha Vs. Somesh Awasthi, under Section 67 of U.P. Revenue Code, 2006, within a stipulated period. 6. In the instructions, it is mentioned that against order dated 09.07.2024 passed by respondent no.4, Appeal No.1049 of 2024 is pending before the District Magistrate, Kanpur Dehat. Since, the appeal has been preferred, this Court cannot issue direction for compliance of order dated 09.07.2024. 7. Learned counsel for the petitioner 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." 8. Learned Additional Chief Standing Counsel and counsel for the Gram Sabha do not dispute the aforesaid legal position. 9. Writ petition is accordingly disposed of with a direction to District Magistrate, Kanpur Dehat to decide the aforesaid case (appeal) 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. Order Date :- 24.1.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad