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Neutral Citation No. - 2025:AHC:11488
Court No. - 34 Case :- WRIT - C No. - 38154 of 2024 Petitioner :- Triloki Nath Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Ganesh Shankar Dubey Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 and 2 and Sri Azad Rai, 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 11 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 Revision No.359 of 2016, Computerised Case No.C201602001125, Kamla Devi Vs. Triloki Nath and others, under Section 219 of U.P. Revenue Act, 1901 within a stipulated period. 4. Learned counsel for the petitioner 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 aforesaid revision 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 without prejudice to their rights. .
(Brij Raj Singh, J.) Order Date :- 22.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad