Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 112322 (ALL)

PRAMOD KUMAR PANDEY v. STATE OF U.P. AND 10 OTHERS

WRIC/42525/2024 · 2025-01-24

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:12762 Court No. - 34 Case :- WRIT - C No. - 42525 of 2024 Petitioner :- Pramod Kumar Pandey Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta 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 & 2 and Sri Pankaj Kumar Gupta, counsel for the Gram Sabha i.e. opposite party no.3. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no. 4 to 11 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 Sub-Divisional Officer, Tehsil- Harraiya, District-Basti to decide the case no. 833 of 2023 Computerized Case No. T202317140100833 (Pramod Kumar Pandey versus Mahendra Kumar Pandey) under Section 144 of the U.P. Revenue Code, 2006 pending before Sub Divisional Officer, Tehsil-Harraiya, District-Basti within a stipulated period. 4. Learned counsel for the petitioner by inviting the attention of this Court towards Para-458(1) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the court to make an endeavour to finally decide the suit within a period of one year from the date of filing the suit, but in spite of the aforesaid obligation, the suit has not yet been decided though it is pending from the year 2023. For the sake of convenience, Para-458 (1) of U.P. Revenue Court Manual is extracted herein-below:- ?458. Speedy Disposal.-- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the said suit and if the suit is not decided within the aforesaid period, the reason for the same shall be recorded.? 5. Learned Additional Chief Standing Counsel and counsel for opposite party no.3 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 Suit pending before him within a period of one year from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned without prejudice to their rights. Order Date :- 24.1.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad