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2025 DAILYLAW 56674 (ALL)

SMT. CHHABBI DEVI v. STATE OF U.P. AND 2 OTHERS

WRIC/15152/2025 · 2025-05-13

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78846 Court No. - 34 Case :- WRIT - C No. - 15152 of 2025 Petitioner :- Smt. Chhabbi Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chand Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Ramesh Chand, learned counsel for the petitioner and Shri Nand Lal Maurya, learned standing counsel appearing on behalf of State-respondents. 2. The present writ petition has been filed, inter alia, for the following relief: "(A) Issue a writ order or direction in the nature of mandamus commanding and directing to the Sub Divisional Magistrate Gyanpur, District Bhadohi / respondent no. 2 complete to measurement of the Arazi No. 810 Area 0.405 hectare situated in Village Deegh Uparwar, (Talwa) Post Deegh, Tahsil Gyanpur, District Bhadohi to the petitioner. (B) Issue a writ order or direction in the nature of mandamus commanding and directing to the Sub Divisional Magistrate Gyanpur, District Bhadohi / respondent no. 2 to decide the application under Section 24 of Land Revenue Code 2006 dated 30.07.2024 (annexure No. 3) as well as reminder application dated 03.10.2024 (annexure No. 5), expeditiously within stipulated period." 3. Submission of the learned counsel for the petitioner is that he has moved an application under Section 24 of the U.P. Revenue Code, 2006 in respect of plot bearing Arazi No. 810, Area 0.405 hectare situated at village Deegh Uparwar (Talwa), Tehsil Gyanpur, District Bhadohi which is pending for disposal before the Sub Divisional Magistrate Gyanpur, District Bhadohi / respondent no. 2 since 30.07.2024. 4. Sub-Section (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under: "(3). Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within (three months) from the date of the application." 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. 3 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 Sub Divisional Magistrate Gyanpur, District Bhadohi (respondent No. 2) to conclude the proceeding under Section 24 of the U.P. Revenue Code, 2006, strictly in accordance with law, by a reasoned order, expeditiously and preferably within a period of three 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