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2025 DAILYLAW 43150 (ALL)

KHEDANI v. STATE OF U.P. AND 2 OTHERS

WRIC/11569/2025 · 2025-04-17

S Q H Rizvi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:57460 Court No. - 35 Case :- WRIT - C No. - 11569 of 2025 Petitioner :- Khedani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prakash Chauhan Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Ram Prakash Chauhan, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel representing the respondent nos. 1 & 2 and perused the record. 2. 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 directing the respondent no.2 to decide the Restoration Application No. RST/770/2011- 2012 (Old No.219/2005) (Computerized Case No. T201115090400091) (Khedani versus Ram Awadh) u/s 201, of U.P. Land Revenue Act, 1901 filed in Mutation Case No. 909 of 2004 (Ram Awadh versus Baijnath) under Section 34 of U.P. Land Revenue Act, 1901, which is still pending in the Court of respondent no.2/Tehsildar, Tehsil Rasra, District- Ballia, since 26.12.2005. (ii) ..................... (iii) ...................." 3. Learned counsel for the petitioner submits that the proceedings for restoration are pending since 2005 and for one or other reason, the same could not be concluded. 4. It is a sorry state of affairs that the petitioner is running pillar to post for the last 20 years for disposal of restoration proceedings. 5. 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." 6. 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. 7. Learned Additional Chief Standing Counsel submits that he has no objection to the extent if direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 8. In view of the nature of the order proposed to be passed, the service of notice upon the respondent no.3 is dispensed with. 9. 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. 10. Accordingly, without adverting on merits of the case and with the consent of the learned counsel for the parties present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the Tehsildar, Tehsil- Rasra, District- Ballia (respondent No.2), to decide the aforesaid Case No. RST/770/2011-2012 (Old No.219/2005), strictly in accordance with law, by a reasoned 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 be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 11. In case the lawyers do not co-operate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. 12. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 18.4.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad