RAM KUNWAR AND 4 OTHERS v. State of UP AND 7 OTHERS
WRIC/37325/2024 · 2025-01-23
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106948 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106948 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12339
Court No. - 34 Case :- WRIT - C No. - 37325 of 2024 Petitioner :- Ram Kunwar And 4 Others Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Akhilesh Kumar Singh,Shivendra Nath Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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.1 to 3 and Sri Rameshwar Prasad Shukla, counsel for the Gram Sabha i.e. opposite party no.4. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.5 to 8 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.737 of 2023, Computerised Case No.C202315000000737, Ramkunwar Vs. Sub- Divisional Magistrate, Sagri, Azamgath and others, under Section 333 U.P.Z.A. & L.R. Act, 1950 within a stipulated period. 4. Learned counsel for the petitioners by inviting the attention of this Court towards Para-458(2) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the revisional court to make an endeavour to finally decide the revision within a period of six months from the date of filing the revision, but in spite of the aforesaid obligation, the revision has not yet been decided though it is pending since 1994. For the sake of convenience, Para-458 (2) of U.P. Revenue Court Manual is extracted herein-below:-
“458. Speedy Disposal.--(2). 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 interim relief application filed along with the aforesaid case/appeal within three weeks from the date a certified copy of this order is produced before him and, thereafter, the case/appeal shall be decided within six months after affording opportunity of hearing to all aggrieved parties 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