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Neutral Citation No. - 2025:AHC:68353 Court No. - 34 Case :- WRIT - C No. - 12402 of 2025 Petitioner :- Prabhudayal Respondent :- Upar Ayukt (Nyayik) And 4 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Sudhir Kumar, learned counsel for the petitioner, Sri Amresh Kumar Tiwari, learned Standing Counsel for the State- respondents, Sri Azad Rai, learned counsel appearing for the respondent no. 2-Gram Sabha and perused the record.
2. By means of this writ petition, the petitioner has prayed for a writ of mandamus directing the Additional Commissioner (Judicial), Prayagraj Division, Prayagraj (Respondent No. 1) to decide the Appeal No. 788 of 2022 (Computerized Case No. C202202000000768 (Ram Khelawan Vs. Prabhudayal and others), under Section 207 U.P. Revenue Code, 2006 expeditiously.
3. Submission of the learned counsel for the petitioner is that the appeal is pending since the year 2022. He further submits that the appeal was admitted by the learned Additional Commissioner (Judicial), Prayagraj Division, Prayagraj (Respondent no. 1) vide
order dated 05.08.2022 and notices were issued to the private respondents. He also submits that the notices issued by the court of learned Additional Commissioner have already been served upon the contesting respondents and the matter was fixed for arguments for 16.08.2024, since then the matter is pending for final disposal. 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 Additional Chief 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 Nos. 3, 4 and 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), Prayagraj Division, Prayagraj (Respondent No. 1), before whom the aforementioned matter is pending for disposal, to decide the Appeal No. 788 of 2022 (Computerized Case No. C202202000000768 (Ram Khelawan Vs. Prabhudayal and others), under Section 207 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 :- 30.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad