BALJEET @ BALJEET RAM v. STATE OF U.P. AND 3 OTHERS
WRIC/36438/2024 · 2025-01-23
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106117 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12331 Court No. - 34 Case :- WRIT - C No. - 36438 of 2024 Petitioner :- Baljeet @ Baljeet Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hari Prakash Tiwari,Rajesh Tripathi 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 and 4 is dispensed with. 3. Learned counsel for the petitioner submits that application dated 11.08.2023, Baljeet Vs. Ved Prakash Pathak and another, under Section 101 of U.P. Revenue Code, 2006 is pending before opposite party no.2 and the same has not been decided till date. He, therefore, prays that a direction may be issued to decide the same within the stipulated period. 4. Learned Counsel for the petitioner 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 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 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 without prejudice to their rights. .
(Brij Raj Singh, J.) Order Date :- 23.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad