ATUL KUMAR AGRAWAL AND 3 OTHERS v. State of U.P. AND 18 OTHERS
WRIC/38628/2024 · 2025-01-24
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108164 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108164 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12883
Court No. - 34 Case :- WRIT - C No. - 38628 of 2024 Petitioner :- Atul Kumar Agrawal And 3 Others Respondent :- State Of U.P. And 18 Others Counsel for Petitioner :- Santosh Kumar Singh,Syed Wajid Ali Counsel for Respondent :- C.S.C.,Sher Bahadur 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 3 and Sri S.B. Singh, counsel for the Gram Sabha i.e. opposite party no.4. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.5 to 19 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 the Appeal No.2127 of 2024, Computerised case No.C202412000002127, Atul Kumar Agarwal and others Vs. Anees Ahmad and others filed under Section 24(4) of U.P. Revenue Code, 2006 along with stay application within a stipulated period. 4. Learned counsel for the petitioner submits that the power of appellate and revisional court to decide the appeal or revision is to be exercised in the manner prescribed by Rule 183(4) of the U.P. Revenue Code Rules, 2016, which reads as under:-
" 183. Power of appellate and revisional Court (Sections 207, 208 and 210). (1) x x x x x (2) x x x x x (3) x x x x x
(4) The appellate or the revisional court shall, endeavor to finally decide the appeal or revision, as the case may be, within a period of six months from the date of filing the appeal or revision and if the appeal or revision is not decided 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.2 to decide the interim relief application filed along with the aforesaid appeal within three weeks from the date a certified copy of this order is produced before him and, thereafter, the appeal shall be decided within six months after affording opportunity of hearing to all aggrieved parties without prejudice to their rights. .
(Brij Raj Singh, J.) Order Date :- 24.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad