JAGPATTI v. STATE OF U.P. THRU. COLLECTOR, SULTANPUR AND 2 OTHERS
/100/2025 · 2025-01-13
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115818 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115818 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2202 Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 100 of 2025 Petitioner :- Jagpatti Respondent :- State Of U.P. Thru. Collector, Sultanpur And 2 Others Counsel for Petitioner :- Dharmendra Kumar Singhs Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Dharmendra Kumar Singh, learned counsel for the petitioner, Sri Yogesh Kumar Awasthi, learned Standing Counsel representing the respondent nos. 1 & 2, Sri Govind Kumar Chaurasiya holding brief of Sri Mohan Singh, learned counsel for the respondent no.3 and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) Issue a direction to the opposite party no.2 to decide the case of the petitioner bearing No. T202204680304655 pending under Section 144 of the U.P. Revenue Code, 2006, contained as annexure no.1 to the petition, at the earliest. (ii) ................................ (iii) ..............................."
3. The contention of the learned counsel for the petitioner is that case under Section 144 of the U.P. Revenue Code, 2006 is pending for disposal since 2022 before the respondent no.2. He submits that the petitioner is suffering hardship because of the pendency of the aforesaid case. 4. Para 458 of U.P. Revenue Court Manual provides as under:
"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 suit and
if the suit is not decided within the period aforesaid, the reason for the same shall be recorded. (2) 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.
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. 8. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the Sub Divisional Officer, Pargana Chanda, Tehsil Lambhwa, District Sultanpur (respondent No.2), before whom the Case No. 4655 of 2022 (Computerized Case No. T202204680304655) 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 one year 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, if prayed for, will be permissible to be granted only in exceptional circumstances.
9. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 13.1.2025 Abhishek Gupta Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad, Lucknow Bench