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Neutral Citation No. - 2025:AHC:115351 Court No. - 35 Case :- WRIT - C No. - 38352 of 2024 Petitioner :- Sriniwas Rai Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Devid Kumar Singh,Prateek Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Ishan Mehta holding brief of Shri Prateek Rak,
learned counsel for the petitioner and Shri Vijay Bhan holding brief of Shri Rameshwar Prasad Shukla, learned Standing Counsel representing the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for the following relief:-
"Issue, a writ, order or direction in the nature of mandamus commanding the directing the respondent No. 2 Tehsildar, Tehsil Lalganj, district Azamgarh to decide the case no. 3255 of 2024 (Computerized Case No. T202415060403255) (State of U.P. vs. Mahendra Gomadih) pending in the court of respondent No. 2, Tehsildar, Tehsil Lalganj, district Azamgarh within stipulated period to be fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submits that the aforesaid proceedings having Case No. 3255 of 2024 is pending since August, 2024 before the respondent No. 2. 4. Learned counsel for the petitioner has drawn the attention of the Court to the provisions of Sub-rule (6) of Rule 67 of the U.P. Revenue Code Rules, 2016, which obligate the Tehsildar/Assistant Collector to conclude the proceeding within a period of ninety days from the date of issuance of the show cause notice. 5. For ready reference, Sub-rule (6) of Rule 67 of the U.P. Revenue Code Rules, 2016 is extracted herein below:
"(6) The Assistant Collector shall make an endeavour to conclude the proceedings under Section 67 of the Code within 90 days from the date of issuance of the show cause notice and if the proceeding is not concluded within such time period, the reasons for the same shall be recorded."
6. Taking into consideration the above quoted provisions this Court finds that there is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 7. Learned Standing Counsel submits that he has no objection if the present writ petition is disposed of with a direction to the authority concerned to conclude the proceedings within stipulated period as to be fixed by this Court. 8. In view of the nature of the order proposed to be passed, the service of notice upon the respondent No. 4 is dispensed with. 9. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 10.
Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar/Assistant Collector, Tehsil Lalganj, district Azamgarh (respondent No. 2), before whom the aforementioned matter is pending for disposal, to conclude the proceeding of case no. 3255 of 2024 (Computerized Case No. T202415060403255) (State of U.P. vs. Mahendra Gomadih) strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of ninety days from the date of receipt of a certified copy of this
order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to the concerned parties and any adjournment, if prayed for, may be granted only in exceptional circumstances.
11. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 16.7.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad