Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12268
Court No. - 34 Case :- WRIT - C No. - 38545 of 2024 Petitioner :- Badami Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- A.P. Singh Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the petitioner, and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties.
2. 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 the application dated 01.12.2022 filed by the petitioner in pursuance of the order and decree dated 02.05.1988 passed in Original Suit No.725 of 1980 for correction of revenue record under Section 38 of the U.P. Revenue Code, 2006 within a stipulated period.
3. Learned Counsel for the petitioner by inviting the attention of this Court towards Section 36(6) of the U.P. Revenue Code, 2006 submits that it is the bounden duty rather obligation on the concerned Officer to decide the application within the time framed in the Act, otherwise the purpose of framing the Act and the time schedule to decide an application would be frustrated. For the sake of convenience, Section 36(6) of the U.P. Revenue Code, 2006 is extracted herein-below:-
“36. Correction of error or omission (Section 38). (1) …………………….. (2) ……………………..
(3) …………………….. (4) …………………….. (5) …………………….. (6) An endeavor shall be made to conclude the proceeding for correction under section 38 within the period of 45 days from the date of receiving the application with the report and if the proceeding is not concluded within such period the reasons for the same shall be recorded. (7) …………….”
4. Learned Additional Chief Standing Counsel does not dispute the aforesaid legal position.
5. Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid application pending before him within a period of forty five days 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