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2025 DAILYLAW 107424 (ALL)

GYAN DHAR AND 2 OTHERS v. State of U.P. AND 8 OTHERS

WRIC/37878/2024 · 2025-01-23

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12462 Court No. - 34 Case :- WRIT - C No. - 37878 of 2024 Petitioner :- Gyan Dhar And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Jigyasa Singh,Navin Kumar Counsel for Respondent :- C.S.C.,Pradeep Singh 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 5 and Sri Pradeep Singh, counsel for the Gram Sabha i.e. opposite party no.6. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.7 to 9 is dispensed with. 3. Learned counsel for the petitioners submits that Case No.1532 of 2023, Computerised Case No.D202316670001532, Dhirdhar Vs. State of U.P., filed by the petitioners under Section 30 of the U.P. Revenue Code, 2006 was allowed by opposite party no.3 in their favour on 30.12.2023, but when the same is not being complied with or implemented, petitioners moved an application for compliance of the order dated 30.12.2013 lastly on 12.08.2024. However, the said application is still pending and no order was passed thereon till date. 4. Learned Counsel for the petitioners 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.3 to decide the application filed by the petitioners, say, within a period of three months from the date of production of a certified copy of this order after affording opportunity of hearing to the 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 Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad