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Neutral Citation No. - 2025:AHC:12751 Court No. - 34 Case :- WRIT - C No. - 38737 of 2024 Petitioner :- Ram Pravesh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Akash Kumar Verma,Sandeep Narayan Rai 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.
2. In view of the order proposed to be passed, issuance of notice to opposite party nos.3 to 5 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 Case No.2530 of 2019, Computerised Case No.T201905470102530, Ram Pravesh and others Vs. Toofani and others, under Section 144 of U.P. Revenue Code, 2006, within a stipulated period.
4. Learned counsel for the petitioner by inviting the attention of this Court towards Para-458(1) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the court to make an endeavour to finally decide the suit within a period of one year from the date of filing the suit, but in spite of the aforesaid obligation, the suit has not yet been decided though it is pending from the year 2022. For the sake of convenience, Para-458 (1) of U.P. Revenue Court Manual is extracted herein-below:-
"458.Speedy Disposal.-- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the said suit and if the suit is not decided within the aforesaid period, the reason for the same shall be recorded."
5. Learned Additional Chief Standing Counsel does 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 Suit pending before him within a period of one year 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. Order Date :- 24.1.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad