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2025 DAILYLAW 113632 (ALL)

BEERBAL v. STATE OF U.P. AND 14 OTHERS

WRIC/43585/2024 · 2025-03-06

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33465 Court No. - 37 Case :- WRIT - C No. - 43585 of 2024 Petitioner :- Beerbal Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Hanuman Deen Verma Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri H.D. Verma, learned counsel for the petitioner, Sri V.P. Singh, learned Additional Chief Standing Counsel representing the respondent Nos. 1 & 2 and perused the record. Notice on behalf of the Gram Sabha- respondent No. 3 has been accepted by Shri Pankaj Kumar Gupta. 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. 2 to decide the Case No. 233 of 2024 (computerized Case No. T202417650200233) Beerbal vs. Dharmdev and others, under Section 116 of U.P. Revenue Code, 2006 village Chandani, Tappa Utrawal, Pergana Maghar Purab, Tehsil Khalilabad, district Sant Kabir Nagar." Learned counsel for the petitioners submits that the aforesaid case is pending for disposal before the respondent No. 2. Sub Rule 10 of Rule 109 of U.P. Revenue Code Rules, 2016 provides as under:- "The Sub-Divisional Officer shall make an endeavour to decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded." There is a 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. Learned Standing Counsel submits that he has no objection to the extent that a direction be issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 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. In view of the nature of the order proposed to be passed, notice need not be issued to private opposite party No. 4 to 15. Accordingly, without adverting on merits of the case and with the consent of the learned counsel for the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Officer, Khalilabad, District Sant Kabir Nagar (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 233 of 2024 (computerized Case No. T202417650200233) Beerbal vs. Dharmdev and others, under Section 116 of U.P. Revenue Code, 2006, strictly in accordance with law, by a reasoned order on merit after affording due 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 will be granted to either of the parties, if prayed for, the same shall be granted only in exceptional circumstances. With the aforesaid direction, present writ petition is disposed of. Order Date :- 7.3.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad