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2025 DAILYLAW 47134 (ALL)

RAMESH CHANDRA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/12298/2025 · 2025-04-22

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61982 Court No. - 34 Case :- WRIT - C No. - 12298 of 2025 Petitioner :- Ramesh Chandra And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gorakh Yadav,Suman Kumar Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri S.K. Yadav, learned counsel for the petitioners, Sri Dhananjai Singh, learned Standing Counsel representing the respondent Nos. 1 to 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 directing the respondent No. 2 i.e. Additional Commissioner, Judicial (First), Varanasi, region Varanasi to decide the Revision/Case No. 1662 of 2022 (Computerized Case No. C202214000001662) (Ramesh Chandra and another vs Ram Lakhan and others), filed by petitioners before the respondent No. 2, under Section 210 of U.P. Revenue Code, 2006, expeditiously preferably within stipulated period as fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submits that the aforesaid revision is pending since 2022 and till date the same has not been decided. 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." 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 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. In view of the nature of the order proposed to be passed, the service of notice upon the respondent No. 5 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 Additional Commissioner, Judicial (First), Varanasi, region Varanasi (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Revision/Case No.1662 of 2022 (Computerized Case No. C202214000001662) (Ramesh Chandra and another vs Ram Lakhan and others), under Section 210 of U.P. 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. 10. 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