Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62087 Court No. - 34 Case :- WRIT - C No. - 12184 of 2025 Petitioner :- Shanti Devi Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Mukesh Dhar Dwivedi Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Mukesh Dhar Dwivedi, learned counsel for the petitioner, Sri Dhananjay Singh, learned Standing Counsel representing the respondents 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 Commissioner, Gorakhpur Mandal, Gorakhpur to decide the appeal bearing no. C202105000000292/2021 (Suresh versus Kanta and others) expeditiously preferably within stipulated time, which is pending for consideration since
2021. (ii) ......................... (iii) ........................"
3. Learned counsel for the petitioner submits that the appeal under Section 207 of the U.P. Revenue Code, 2006 is pending for disposal since 2021 before the respondent no.2. He further submits that the petitioner is facing undue hardship due to pendency of aforesaid appeal. 4. Sub Rule 4 of Rule 183 of 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."
5. There is a clear legislative mandate that if proceedings are not concluded within the 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 that a direction is issued by this Court for expeditious disposal of the above mentioned case, within stipulated period as 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 9 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 parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the Commissioner, Gorakhpur Division, Gorakhpur (respondent no.2), before whom the Appeal No. 00292/2021 (Computerized Case No. C202105000000292) is pending for disposal, to decide the same 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 six 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. 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