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Neutral Citation No. - 2025:AHC:61922 Court No. - 34 Case :- WRIT - C No. - 25613 of 2023 Petitioner :- Bhagelu Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Mashhood Abbas Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Mashhood Abbas, learned counsel for the petitioner, Sri Amreesh Kumar Tiwari, learned Standing Counsel representing the respondent Nos. 1 & 2 and perused the record. 2. Notice on behalf of Gram Sabha has been accepted by Shri Rameshwar Prasad Shukla. 3. 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 to the respondent no. 2 commissioner Azamgarh Division Azamgarh to ensure the hearing of pending revision No. 112/M, Computerized No. (C202215000001021) of 2022, District Mau (Bhagelu vs. Radhika and others, District Mau) on next date of hearing dated 23.6.2023 and decide the expeditiously within shortest time bound as this Hon'ble Court may think fit under the fact circumstances of the case in interest of justice."
4. Learned counsel appearing on behalf of the petitioner does not press the prayer No. II of the writ petition. 5. Submission of learned counsel for the petitioner is that the aforesaid revision bearing No. 112/M, (Computerized No. C202215000001021) under Section 219 of the U.P. Land Revenue Act, 1901, is pending before respondent No. 2 since 2022 and till date the same has not been decided. 6. Rule 183 (4) of the U.P. Revenue Code Rules, 2016 provides as under:
" 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."
7. 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. 8. 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. 9.
In view of the nature of the order proposed to be passed, the service of notice upon the respondent Nos . 3 to 16 is dispensed with. 10. 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. 11. 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 Commissioner Azamgarh, Division Azamgarh before whom the aforementioned matter is pending for disposal, to decide the revision No. 112/M, (Computerized No. C202215000001021) (Bhagelu vs. Radhika and others) under Section 219 of the U.P. Land Revneue Act, 1901, 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 four 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 any adjournment, if prayed for, may be granted only in exceptional circumstances.
10. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 23.4.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad