GIRJESH ALIAS GIRJA PRASAD AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
WRIC/15140/2025 · 2025-05-13
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56694 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78727 Court No. - 34 Case :- WRIT - C No. - 15140 of 2025 Petitioner :- Girjesh Alias Girja Prasad And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Jitendra Yadav Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Jitendra Yadav, learned counsel for the petitioner 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 the respondent no. 2/Chief Revenue Officer District- Azamgarh to decide the Case No. 1910 of 2023, Computerized Case No. D202315060001910 (Girish @ Girja Prasad and others Vs. State) under Section 38(2) of U.P. Revenue Code, 2006 expeditiously / within stipulated period pending in the court of respondent no. 2 / Chief Revenue Officer District-Azamgarh during the pendency of instant writ petition before this Hon'ble Court."
3. Learned counsel for the petitioner submits that the case under Section 38(2) of U.P. Revenue Code, 2006 is pending for disposal before the Chief Revenue Officer District-Azamgarh / respondent No.2 but till date the proceeding has not been concluded. 4. Sub Rule 6 of Rule 36 of the U.P. Revenue Code Rules, 2016 provides as under:
"An endeavour shall be made to conclude the proceeding for correction under Section 38 within the period of 45 days from the date of receiving the application with the report and if the proceeding is not concluded within such period the reasons 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. 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. 8.
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 Chief Revenue Officer District- Azamgarh / respondent No.2, before whom the aforementioned matter is pending for disposal, to decide the Case No. 1910 of 2023, Computerized Case No. D202315060001910 (Girish @ Girja Prasad and others Vs. State) under Section 38(2) of 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 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. 9. 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