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Neutral Citation No. - 2025:AHC:68089 Court No. - 34 Case :- WRIT - C No. - 12289 of 2025 Petitioner :- Ashok Kumar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhishek Srivastava,Pranvesh,Rahul Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Abhishek Srivastava, learned counsel for the petitioner, Sri Himanshu Shukla, holding brief of Shri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha and Sri Dhananjai Singh, learned 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 to the Additional Commissioner (Administration), Varanasi Division, Varanasi to expeditiously hear and decide Appeal No. 2662 of 2024, Computerized Case No. C202414000002662 (Ashok Kumar Singh vs. Bachchalal and others."
Learned counsel for the petitioners submits that the aforesaid appeal is pending for disposal before the respondent No. 2.
4. 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." There is a 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. Learned Standing Counsel submits that he has no objection if a direction be issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 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. 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 Additional Commissioner (Administration), Varanasi Division Varanasi, U.P. (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Appeal No. 2662 of 2024, Computerized Case No. C202414000002662 (Ashok Kumar Singh vs. Bachchalal and others, 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 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 will be granted to either of the parties and any adjournment, if prayed for, may be granted only in exceptional circumstances. 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. With the aforesaid direction, present writ petition is disposed of.
Order Date :- 30.4.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad