PREMSAGAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/41675/2024 · 2025-03-23
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111379 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111379 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42589 Court No. - 34 Case :- WRIT - C No. - 41675 of 2024 Petitioner :- Premsagar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Vinod Kumar Yadav, learned counsel for the petitioners, Sri Shashikant Kushwaha, learned Standing Counsel representing the respondent nos.1 & 2 and perused the record. 2. By means of the present writ petition, the petitioners have prayed for a direction to the respondent no.2 to decide the appeal filed by the petitioner under Section 67(5) of U.P. Revenue Code, 2006. 3. This Court vide order dated 31.01.2025 directed the learned Standing Counsel to positively seek instructions in the matter and in case no instructions are received, the respondent no.2 shall remain present before this Court on the next date fixed. 4. Sri Shashikant Kushwaha, learned Standing Counsel appearing on behalf of State-respondents has placed before this Court the copy of the instructions dated 05.02.2025 received from the office of the District Magistrate, Varanasi. The same are taken on record. As per the aforesaid instructions, he has made a statement that the appeal under Section 67(5) of the U.P. Revenue Code, 2006, was filed by the petitioners on 15.04.2024 and the same has been registered as Appeal No.59 of 2024 (Premsagar and another versus State of U.P.). 5. Sub Rule 4 of Rule 183 of U.P. Revenue Code Rules, 2016 provides as under:
"The appellate or the revisional Court shall, endeavour 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."
6. There is a clear legislative mandate that if proceedings are not concluded within the 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 above mentioned case, within stipulated period as fixed by this Court. 8.
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. 9. 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 the Collector, District- Varanasi (respondent no.2), before whom the Appeal No.59 of 2024 is pending for disposal, to decide the same 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 six 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 the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 24.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad