MOHD. AKRAM AND 4 OTHERS v. STATE OF U.P. AND 8 OTHERS
WRIC/5379/2025 · 2025-03-03
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22120 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22120 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30947 Court No. - 37 Case :- WRIT - C No. - 5379 of 2025 Petitioner :- Mohd. Akram And 4 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Harsh Kumar Mishra,Mohd Zakir Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Harsh Kumar Mishra, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondent nos. 1 & 2; Sri Azad Rai,
learned counsel for the Gaon Sabha-respondent no.9 and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) Issue an appropriate order or direction in the nature of mandamus directing the respondent no.2; The Sub Divisional Magistrate, Tehsil- Phoolpur, District- Prayagraj to decide the restoration application dated 26.11.2019 filed in Declaratory Suit No. 415/7407 of 2014, Computerized Case No. T20140203027407 (Mohd. Akram and others versus Hajaari Lal and others), under Section 229-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 pending in the Court of Sub Divisional magistrate, Tehsil- Phoolpur, District- Prayagraj, expeditiously within stipulated time period as may be fixed by the Hon'ble Court. (ii) ..................... (iii) ...................."
3. Submission of the learned counsel for the petitioners is that the suit filed by the petitioner under Section 229-B of U.P.Z.A. & L.R. Act, 1950, was dismissed for want of prosecution. The petitioners filed an application on 26.11.2019 for recall of the said order dated 25.09.2019. The said restoration/recall
application is pending for disposal since 2019. He further submits that for one reason or others, the said application for restoration could not be disposed of by the learned Court below. 4. Clause 479 of the Revenue Court Manual provides as under:
"Reason for delay in disposal- If the period for concluding a proceeding has not been fixed in the Code or the Rules; the court shall endeavour to conclude the proceeding within a period of ninety days and if the proceeding is not concluded 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 stipulated 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, if a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 to 8 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 Sub Divisional Magistrate, Tehsil- Phoolpur, District- Prayagraj (respondent No.2), to decide the restoration application dated 26.11.2019 filed in Declaratory Suit No.415/7407 of 2014, 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 three 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 and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 4.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad