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Neutral Citation No. - 2025:AHC:67902 Court No. - 34 Case :- WRIT - C No. - 6619 of 2025 Petitioner :- Ravindra Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Akash Singh,Santosh Kumar Singh Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C.,Vishal Khandelwal Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Santosh Kumar Singh, learned counsel for the petitioner; Amresh Kumar Tiwari, learned Standing Counsel for the State-respondents. Sri A.C. Srivastava has accepted notice on behalf of Land Management Committee-respondent no.3. 2. Sri Vishal Khandelwal, learned counsel has put in his appearance on behalf of respondent nos.4 & 5. 3. By means of the present writ petition, the petitioner has challenged the order dated 24.12.2024 passed by the learned Additional Commissioner, Agra Division, Agra in Revision No. 2793 of 2024, under Section 210 of the U.P. Revenue Code, 2006. 4. Precisely, the submission of the learned counsel for the petitioner is that the impugned order dated 24.12.2024 has been passed without affording the petitioner any opportunity of hearing. He further submitted that the impugned order was passed at the back of the petitioner despite the fact that caveat application dated 19.11.2024 was already on the records of the Court of learned Commissioner, Agra Division, Agra but ignoring the same, the impugned order was passed. 5. Sri Vishal Khandelwal, learned counsel appearing on behalf of
respondent nos.4 & 5 has vehemently opposed the writ petition and categorically denied the contentions of the petitioner insofar as filing of the caveat application. 6. Supplementary Affidavit dated 02.03.2025 filed on behalf of respondent nos.4 & 5, provided that the petitioner has already preferred a restoration application dated 03.02.2025 against the impugned order dated 24.12.2024 passed by the learned Additional Commissioner (Judicial), Agra Division, Agra in Revision No.2793/2024 and as per the statement made by the learned counsel for the petitioner, the said restoration application is pending for disposal since 16.02.2025. 7. Para 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."
8.
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. 9. 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. 10. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos.6 to 10 is dispensed with. 11. Taking into consideration the facts as mentioned herein above, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. Accordingly, without adverting on merits of the case and with the consent of the learned counsels
for the respective parties, present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the Additional Commissioner (Judicial), Agra Division, Agra (respondent No.2), to decide the aforesaid restoration dated application 03.02.2025, strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, as expeditiously as possible, 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 be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 12. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 28.4.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad