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2025 DAILYLAW 107870 (ALL)

SARITA PRAJAPATI v. State of UP AND 4 OTHERS

WRIC/38366/2024 · 2025-01-21

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11434 Court No. - 34 Case :- WRIT - C No. - 38366 of 2024 Petitioner :- Sarita Prajapati Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- Azad Rai,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 to 3 Sri Azad Rai, counsel for the Gram Sabha i.e. opposite party no.5. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.4 is dispensed with. 3. Learned counsel for the petitioner submits that application dated 08.10.2024 for execution of the preliminary and final decree passed by opposite party no.3 on 01.10.2024 is pending before opposite party no.3 and the same has not been decided till date. 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 have any objection if such direction is issued by this Court to decide the same within a period of six months as per law. 6. Writ petition is accordingly disposed of with a direction to opposite party no.3 to consider and decide the application filed by the petitioner, 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 :- 22.1.2025 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