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Neutral Citation No. - 2025:AHC:78892 Court No. - 34 Case :- WRIT - C No. - 15171 of 2025 Petitioner :- Km Ranjana Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Kushwaha,Sanjeev Kumar Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Ramesh Chandra Kushwaha, 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:
"(i) Issue a writ order or direction in the nature of mandamus commanding to direct the respondent no. 2 to decide the restoration application dated 26.09.2023 arising out of the Mutation Case No. 149/948 of 2016 "Km. Ranjana Maurya Vs. Late Santosh Kumar" under Section 34 L.R. Act which is pending before the respondent no. 2, within the stipulated period, or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of this case."
3. Learned counsel for the petitioner submits that the restoration proceeding arising out of the Mutation Case No. 149/948 of 2016 (Km. Ranjana Maurya Vs. Late Santosh Kumar) is pending for disposal before the Naib Tehsildar / Tehsildar Soraon, District Azamgarh / respondent No.2 but till date the proceeding has not been concluded. 4. Para 479 of U.P. Revenue Court Manual provides as under:
"Reason for delay in disposal-If the period for concluding a proceeding has not been fixed in the Code or the Rules; the court shall endeavour to conclude the proceeding within a period of ninety days and if the proceeding is not concluded 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 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 Naib Tehsildar / Tehsildar Soraon, District Azamgarh / respondent No.2, before whom the aforementioned matter is pending for disposal, to conclude the restoration proceeding arising out of the Mutation Case No. 149/948 of 2016 (Km. Ranjana Maurya Vs. Late Santosh 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 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. In case the lawyers do not co-operate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case.
11. 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