RAM CHANDRA AND ANOTHER v. STATE OF UP AND 5 OTHERS
WRIC/12795/2025 · 2025-05-04
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48100 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48100 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71003 Court No. - 35 Case :- WRIT - C No. - 12795 of 2025 Petitioner :- Ram Chandra And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Rama Shanker Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Learned counsel for the petitioners is permitted to amend the prayer clause of the writ petition during the course of the day.
2. Heard learned counsel for the parties and perused the record.
3. This writ petition has been filed for following reliefs:
"i) Issue a writ order or direction in the nature of certiorari to quash the order dated 24.09.2024 passed by Additional Commissioner (Administration), Bareilly Division Bareilly in Case No. 1570 of 2024 (Computerized Case No.C202402000001570) (Ram Chandra and another Vs. Vivek Yadav and others) u/s 207 of U.P. Revenue Code and order dated 10.11.2023 and decree dated 07.12.2023 passed by respondent no. 3 in case no. 6161 of 2023 (Computerized Case No. T202302030306161) (Mamta Yadav and another Vs. Ram Chandra and others) u/s 116 of U.P. Revenue Code. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the appeal u/s 207 of U.P. Revenue Code filed by petitioners bearing case no. 1570 of 2024 (Computerized Case No.C202402000001570) (Ram Chandra and another Vs. Vivek Yadav and others), pending before respondent no. 2, within stipulated period as fixed by this Hon'ble Court."
4. Brief facts of the case are that by the orders dated 10.11.2023 and 07.12.2023 passed by respondent No. 3, the partition suit under Section 116 of the U.P. Revenue Code, 2006 was decreed against the petitioners. Against the aforesaid orders, the petitioners preferred a time barred appeal along with the delay condonation application. The delay in filing the appeal has been condoned by the appellate court-respondent No. 2 and the appeal is pending
consideration before Commissioner, Prayagraj Division, Prayagraj.
5. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate court to decide the appeal filed by the petitioners within a time frame as may be fixed by this Court.
6. In view of the same, respondent No. 2- Commissioner, Prayagraj Division, Prayagraj, is directed to consider and decide the appeal filed by the petitioners expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
7. Accordingly, this writ petition stands disposed of.
Order Date :- 5.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad