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2025 DAILYLAW 133265 (ALL)

MOHD. KAFEEL AND OTHERS v. COMMISSIONER, FAIZABAD MANDAL, FAIZABAD AND 5 OTHERS

A227/2064/2025 · 2025-04-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20674 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2064 of 2025 Petitioner :- Mohd. Kafeel And Others Respondent :- Commissioner, Faizabad Mandal, Faizabad And 5 Others Counsel for Petitioner :- Atiya Abid,Safiya Abid Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. At the very outset, learned Counsel for the petitioners stated that inadvertently the proper necessary opposite party could not be arrayed in the memo of petition and as such he may be permitted to implead the proper opposite party. Learned State Counsel has no objection to the prayer made by the learned Counsel for the petitioners. Accordingly, the learned Counsel for the petitioners is permitted to implead the necessary opposite party during the course of the day. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(i) to issue an order or direction to the Commissioner, Faizabad Mandal, Faizabad, the opposite party No.1 to decide the Revision No.1553 of 2016; Muneer Vs. Kafeel and others, which is pending since 16.2.2016 expeditiously within a stipulated period of time;" It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending since February 2016 and on account of pendency of the same, the petitioners are suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending revision within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid observations, the petition is disposed of. Order Date :- 11.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench