Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 45976 (ALL)

VEERENDRA YADAV v. STATE OF U.P. AND 2 OTHERS

WRIC/12179/2025 · 2025-04-22

S Q H Rizvi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:62066 Court No. - 34 Case :- WRIT - C No. - 12179 of 2025 Petitioner :- Veerendra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amaresh Yadava Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Amaresh Yadava, learned counsel for the petitioner, Sri Dhananjay Singh, learned Standing Counsel representing the respondent nos. 1 & 2; Sri Pankaj Kumar Gupta, learned counsel for the Gaon Sabha-respondent no.3 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 commanding to the respondent no.2, Tehsildar (Judicial), Khalilabad, District Sant Kabir Nagar to decide the recall application dated 19.10.2024 along with the Case No. 00549/2018 (Computerized Case No. T201817650200549), under Section 67 of the U.P. Revenue Code, 2006, within stipulated period. (ii) ..................... (iii) ...................." 3. Learned counsel for the petitioner submits that the restoration application in respect of the order dated 13.03.2024 is pending for disposal since 19.10.2024 causing undue hardship to the petitioner. 4. 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." 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 to the extent 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. 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. 8. 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 (Judicial), Khalilabad, District Sant Kabir Nagar (respondent No.2), to decide the restoration application dated 19.10.2024 filed by the petitioner, strictly in accordance with law, by a reasoned 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 be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 9. 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. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 23.4.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad