Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12773
Court No. - 34 Case :- WRIT - C No. - 42545 of 2024 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties no.1 and 2 and Sri Bhupendra Kumar Tripathi, 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 20 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 to decide Case No.T201814360408301, Ramroop vs. Bharat Prasad, under Section 229B of U.P.Z.A. & L.R Act, 1950 within the 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 case has not yet been decided though it is pending since 2010. 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 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 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. . (Brij Raj Singh, J.) Order Date :- 24.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad