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2025 DAILYLAW 57661 (ALL)

RAMSHABAD v. STATE OF U.P. AND 3 OTHERS

WRIC/15165/2025 · 2025-05-13

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78848 Court No. - 34 Case :- WRIT - C No. - 15165 of 2025 Petitioner :- Ramshabad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Upadhyay Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Anurag Upadhyay, learned counsel for the petitioner, Shri Madam Mohan, learned standing counsel appearing on behalf of State-respondents and Sri Rameshwar Prasad Shukla, learned counsel appearing for the Land Management Committee / respondent no. 3. 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 Additional Commissioner (Judicial) Azamgarh Division, Azamgarh (respondent no. 2) to decide the Revision No. 00134/2018 (Computer Case No. C201815000000), Ashok Vs. Ramshabad, under Section 210 of U.P. Revenue Code, 2006, pending in his court expeditiously preferably within the stipulated period as prescribed by this Hon'ble Court." 3. Learned counsel for the petitioner submits that the revision under Section 210 of U.P.Z.A. & L.R. Act is pending for disposal before the Additional Commissioner (Judicial) Azamgarh Division, Azamgarh (respondent no. 2) but till date the said revision has not been decided. He further submits that the petitioner is the respondent in the aforesaid revision bearing no. 00134 of 2018. 4. Sub Rule (4) of Rule 183 of U.P. Revenue Code Rules, 2016 provides as under: "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 no. 4 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) Azamgarh Division, Azamgarh (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Revision No. 00134/2018 (Computer Case No. C201815000000), Ashok Vs. Ramshabad, under Section 210 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 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