DAYA SHANKAR AND 3 OTHERS v. THE STATE OF U.P. AND 2 OTHERS
WRIC/41739/2024 · 2025-04-28
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111597 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67474
Court No. - 34 Case :- WRIT - C No. - 41739 of 2024 Petitioner :- Daya Shankar And 3 Others Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Brij Raj Singh,Raj Kumar Dubey,Subhash Chandra Dubey,Sudha Dubey Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Brij Raj Singh along with Shri Raj Kumar Dubey,
learned counsel for the petitioners, Shri Jitendra Narayan Rai, learned Additional Chief Standing Counsel representing the respondent nos. 1 & 2 and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief:
"Issue a writ, order or direction in the nature of an ad-interim mandamus directing the respondent No.2 to decide the restoration application of the petitioner pending before him in case No. RST/6631/2024 computerized case no. T202416670406631 (Dayashankar & Others Vs. Kamla Devi)"
3. Learned counsel for the petitioner submits that the Restoration Application is pending for disposal since 14.03.2024 before the Nayab Tehsildar III Tehsil Gyanpur, District Bhadohi-respondent no.2 but till date the proceeding has not been concluded. 4. 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."
5. 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. 6. 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. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 is dispensed with. 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 learned counsel for the parties present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Nayab Tehsildar III Tehsil Gyanpur, District Bhadohi (respondent No.2), to decide the aforesaid Case No. RST/6631/2024 computerized case no. T202416670406631 (Dayashankar & Others Vs.
Kamla Devi) 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 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 :- 29.4.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad