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2025 DAILYLAW 54258 (ALL)

DURGA DEVI AND ANOTHER v. STATE OF UTTAR PRADESH AND 17 OTHERS

WRIC/15181/2025 · 2025-05-13

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79036 Court No. - 34 Case :- WRIT - C No. - 15181 of 2025 Petitioner :- Durga Devi And Another Respondent :- State Of Uttar Pradesh And 17 Others Counsel for Petitioner :- Raghvendra Shankar Srivastava Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Awadhesh Singh, Advocate holding brief of Shri Raghvendra Shankar Srivastava, learned counsel for the petitioners and Shri Awadhesh Kumar Patel, learned standing counsel appearing on behalf of State-respondents. 2. The present writ petition has been filed, inter alia, for the following relief: "(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2/Additional Commissioner (Judicial-1st) Varanasi Mandal Varanasi to decide the Case No. 1607/2024, Computerized Case No. C202414000001607 (Smt. Durga Devi Vs. Pradeep Kumar) within time bound period are expeditiously." 3. Learned counsel for the petitioner submits that the Case No. 1607/2024 is pending for disposal before the Additional Commissioner (Judicial-1st), Varanasi Mandal, Varanasi / respondent No.2 but till date the proceeding has not been concluded. 4. 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. " 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 nos. 4 to 18 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 learned counsels present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Additional Commissioner (Judicial-1st), Varanasi Mandal, Varanasi (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 1607/2024, Computerized Case No. C202414000001607 (Smt. Durga Devi Vs. Pradeep Kumar), 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 be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 14.5.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad