SHIVNATH AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/42515/2024 · 2025-01-24
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112385 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112385 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12726 Court No. - 34 Case :- WRIT - C No. - 42515 of 2024 Petitioner :- Shivnath And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 to 3 and Sri Rameshwar Prasad Shukla, counsel for the Gram Sabha i.e. opposite party no.4. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no. 5 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 the Additional Commissioner (Administration), Azamgarh Division, Azamgarh (respondent no. 2) to decide the Appeal No. 48/2012-2013 Computerized Case No. C2013150000132 (Ashok Kumar Yadav versus Shivnath and Others) under Section 210 of U.P. Land Revenue Act, 1901 within a stipulated period. 4. Learned counsel for the petitioners by inviting the attention of this Court towards Para-458(2) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the revisional court to make an endeavour to finally decide the appeal within a period of six months from the date of filing the appeal, but in spite of the aforesaid obligation, the appeal has not yet been decided though it is pending since 2013. For the sake of convenience, Para-458 (2) of U.P. Revenue Court Manual is extracted herein-below:- ?458. Speedy Disposal.--(2). 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 without prejudice to their rights.
Order Date :- 24.1.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad