Neutral Citation No. - 2025:AHC:37898 Court No. - 34 Case :- WRIT - C No. - 41080 of 2024 Petitioner :- Durgendra Pratap Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Manoj Kumar Tewari,Vishal Singh Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Manoj Kumar Tewari, learned counsel for the petitioner and Sri Nandlal Maurya, learned standing counsel for the State-respondent nos. 1 to 3. 2. Notice on behalf of the Gaon Sabha / respondent no. 9 has been accepted by Sri Azad Rai. 3. By means of the present writ petition the petitioner has prayed for the following relief: "(I) Issue an appropriate writ, order or direction in the nature of mandamus to direct the respondent no. 3 / Up-ziladhikari, Karchhana, Prayagraj to decide the Restoration Application dated 17.10.2023 numbered as Suit No. T2011020305112 of 2023, pending in the court of respondent no. 3 against the order of dismissal for default of Suit No. 228 of 2011 i.e. T2011020305112 between Durgendra Pratap Singh Vs. Ganga Prasad Singh and others, expeditiously within specific period and without granting further adjournment to any of the parties." 4. The submission of the learned counsel for the petitioner is that the petitioner filed a suit under Section 116 of the U.P. Revenue Code, 2006 before the court of Sub Divisional Officer, Karchhana, Prayagraj / respondent no. 3. The said suit was dismissed in default on 05.06.2017. Thereafter, the petitioner preferred an application for restoration on 18.10.2023 and since then the said application for restoration is pending for disposal. The prayer made in the present writ petition is for a direction to the respondent no. 3 to expeditiously conclude the restoration proceedings within a stipulated period. 5. Para 479 of the Revenue Court Manual provides as under: "Reason for delay in disposal- If the period for concluding a proceeding has not been fixed in the Code or the Rules; the court shall endeavour to conclude the proceeding within a period of ninety days and if the proceeding is not concluded within the aforesaid period, the reason for the same shall be recorded." 6. 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 a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 8. In view of the nature of the proposed order to be passed, the service of notice upon the respondent nos. 4 to 8 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 present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Officer, Karchhana, Prayagraj / respondent no. 3 to dispose of the aforesaid restoration application pending in the case under Section 116 of the U.P. Revenue Code, 2006, 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 three months 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 be granted to either of the 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 :- 18.3.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad