LALMANI AND 6 OTHERS v. STATE OF U.P. AND 27 OTHERS
WRIC/15226/2025 · 2025-05-19
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56639 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56639 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:84265 Court No. - 34 Case :- WRIT - C No. - 15226 of 2025 Petitioner :- Lalmani And 6 Others Respondent :- State Of U.P. And 27 Others Counsel for Petitioner :- Keshav Kumar Srivastava,Suhail Bhardwaj Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Saurav Mishra, Advocate holding brief of Shri Keshav Kumar Srivastava, learned counsel for the petitioners and Shri Nand Lal Maurya, learned Standing Counsel representing the State-respondents No. 1 & 2. 2. The present writ petition has been filed, inter alia, for the following relief:
"(a) Issue a direction, directing the Court of Additional Commissioner Prayagraj Division to decide the Appeal No. 2161 of 2024 (Lalmani and others versus Lal Bahadur and Others), pending before him, expeditiously within such period as prescribed by this Hon'ble Court. (b).................... (c) ..................."
3. Learned counsel for the petitioner submits that the Appeal No. 2161 of 2024 is pending for disposal since 07.10.2024 before the Court of Additional Commissioner, Prayagraj Division (respondent No.2) but till date the proceeding has not been concluded. 4. Clause 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. " (emphasis supplied)
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. 3 to 28 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, Prayagraj Division (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Appeal No. 2161 of 2024 (Lalmani and others Vs. Lal Bahadur and others), 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 :- 20.5.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad