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Neutral Citation No. - 2025:AHC:62028 Court No. - 34 Case :- WRIT - C No. - 12221 of 2025 Petitioner :- Santosh Vishwakarma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gyanendra Kumar Gupta,Manoj Kumar Maurya Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri M.K. Maurya, learned counsel for the petitioner, Sri Shashi Kant Kushwaha, learned Standing Counsel representing respondent Nos. 1 & 2 and Shri Sudhir Bharti, learned counsel for the Land Management Committee-respondent No. 3 and perused the record. 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 the respondent no. 2/Additional Sub Divisional Magistrate, District Deoria to decide the Case No. 13990 of 2024, computerized case No. T202405200113990 (Kameshwar Vishwakarma vs. Santosh Vishwakarma), under Section 116 of U.P. Land Revenue Code, 2006, within stipulated period or within time as fixed by this Hon'ble Court."
Learned counsel for the petitioners submits that the aforesaid case is pending for disposal before the respondent No. 2. Sub Rule 10 of Rule 109 of U.P. Revenue Code Rules, 2016 provides as under:-
"The Sub-Divisional Officer shall make an endeavour to decide the suit within the period of six months and if the suit is not decided within such period, the reason 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. In view of the nature of the order proposed to be passed, the service of notice upon the respondent Nos. 4 and 5 is dispensed
with. 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 Sub Divisional Magistrate, District Deoria (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 13990 of 2024, (computerized case No. T202405200113990) (Kameshwar Vishwakarma vs. Santosh Vishwakarma), under Section 116 of U.P. Land Revenue Code, 2006,, 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. With the aforesaid direction, present writ petition is disposed of.
Order Date :- 23.4.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad