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2025 DAILYLAW 106359 (ALL)

PARMATMA PRASAD v. State of UP AND 15 OTHERS

WRIC/36575/2024 · 2025-01-23

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12333 Court No. - 34 Case :- WRIT - C No. - 36575 of 2024 Petitioner :- Parmatma Prasad Respondent :- State Of Up And 15 Others Counsel for Petitioner :- Sandeep Kumar Chaturvedi,Sudhir Bharti Counsel for Respondent :- 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 Sudhir Bharti, 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 16 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.6405 of 2022, Computerised Case No.T202205310606405, Parmatma Prasad and others Vs. Gram Panchayat Bharsad, under Section 38(2) of the U.P. Land Revenue Act, 1901 within a 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 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 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