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Neutral Citation No. - 2025:AHC:33422 Court No. - 37 Case :- WRIT - C No. - 43069 of 2024 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajendra Kumar Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Rajendra Kumar Yadav, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondents nos.1 & 2 and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the Appeal No. 327/A, Computerized Case No. C02415000001572 (Rajesh Kumar versus Up-Ziladhikari (Judicial), Phoolpur, Azamgarh and others) pending in the court of learned Commissioner Azamgarh Region, Azamgarh. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to maintain the status quo over the land in dispute Gata No.29 area 0.336 hectare situated at Village- Udpur, Pargana- Mahul, Tehsil- Phoolpur, District- Azamgarh till the disposal of the appeal no.327/A within the period so stipulated by this Hon'ble Court. (iii) ............................. (iv) ............................."
3. Learned counsel for the petitioner submits that the appeal under Section 38(4) of the U.P. Revenue Code, 2006 is pending for disposal since 2024 before the respondent no.3. 4. 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."
5. 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. 6. Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case, within stipulated period as fixed by this Court. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent no.5 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 counsels present before the Court, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the Commissioner, Azamgarh Region, Azamgarh (respondent no.3), before whom the Appeal No. 327/A (Computerized Case No. C202415060304607) is pending for disposal, to decide the same strictly in accordance with law, by a reasoned and speaking 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 :- 7.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad