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Neutral Citation No. - 2025:AHC:62050 Court No. - 34 Case :- WRIT - C No. - 12340 of 2025 Petitioner :- Man Mohan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Narain Pandey Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri S.N. Pandey, learned counsel for the petitioner, Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel representing the respondent Nos. 1 and 2 and perused the record. Notice on behalf of Gram Sabha has been accepted by Shri K.K. Singh. The instant writ petition has been filed, inter alia, for the following relief:
"(i) To issue writ, order or direction in the nature of mandamus directing the respondent no. 5 to decide the suit No. RST 13821/2023 (Computerized Case No. T202318020113821) (Man Mohan vs. Prevati) under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950."
Learned counsel for the petitioner states that in the instant case the matter was remanded by the learned Commissioner vide order dated 30.6.2023 with a direction to the learned trial court to decide the matter within a period of three months. He submits that more than a year has passed, but the same has not yet been decided. Para 458 of U.P. Revenue Court Manual provides as under:
"458. Speedy Disposal- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the suit and if the suit is not decided within the period aforesaid, the reason for the same shall be recorded. (2) 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 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. Learned Standing Counsel submits that he has no objection if a direction is issued by this Court for expeditious disposal of the above mentioned case, within stipulated period as fixed by this Court. In view of the nature of the order proposed to be passed, the service of notice upon the respondent No. 2 and 3 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 Sub Divisonal Magistrate (respondent No. 5), before whom the aforementioned matter is pending for disposal, to decide the Suit No.
RST
13821/2023
(Computerized
Case
No. T202318020113821) (Man Mohan vs. Prevati) under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, 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, the present writ petition is disposed of.
Order Date :- 23.4.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad