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Neutral Citation No. - 2025:AHC:11378 Court No. - 34 Case :- WRIT - C No. - 40183 of 2024 Petitioner :- Ramprakash Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Anurag Upadhyay Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 4 and 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 parties no.6 to 10 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 Appeal No.174 of 2024, (Computerised Case No.C202415000000174), Harishchand Vs. Sub Divisional Magistrate, Phoolpur, Azamgarh, under Section 207 of U.P. Revenue Code, 2006, 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 aforesaid case (appeal) pending before him within a period of six months from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned. Order Date :- 22.1.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad