Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:64262 Court No. - 34 Case :- WRIT - C No. - 22036 of 2024 Petitioner :- Rajman And 3 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ramji Singh Patel Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Ramji Singh Patel, learned counsel for the petitioners, Sri Dhananjay Singh, learned Standing Counsel representing the respondent nos. 1 & 2, Sri Vijay Kannaujia, Advocate holding brief of Sri Bhupendra Kumar Tripathi, learned counsel for the respondent no.3 and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Case No. 424 of 2023 (Computer Case No. T202314700300424), Rajman and others vs. State, under Section 144 of U.P. Revenue Code, 2006 expeditiously. (ii) Issue a writ, order or direction in the nature of mandamus directing/commanding the parties to maintain status quo on spot during pendency of the proceeding before respondent no.2. (iii) ........................... (iv) ..........................."
3. The contention of the learned counsel for the petitioner is that the suit under Section 144 of the U.P. Revenue Code, 2006 (Rajman and others vs. State and others) is pending before the Court of Sub Divisional Officer, Tehsil- Raja Talab, District- Varanasi, since 2023. He submits that the case was continuously
adjourned for one or other other reason and could not be heard till date. He further submits that application for interim relief has also been filed along with the suit but the same has also not been considered by the court concerned. 4. Para 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."
5.
There is a clear legislative mandate that if proceedings are not concluded within the 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 to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case, within stipulated period as fixed by this Court. 8. Taking into consideration the fact that the suit is pending since 2023, this Court is of the view that suit be decided within a period of six months. 9. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the Sub Divisional Officer, Tehsil- Raja Talab, District- Varanasi (respondent No.2), before whom the Case No. 424 of 2023
(Computerized Case No. T202314700300424) is pending for disposal, to decide the same strictly in accordance with law, by a reasoned and speaking 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, if prayed for, will be permissible to be granted only in exceptional circumstances. 10. It is further provided that the learned court below shall also consider the petitioner's application for interim relief filed along with the said suit and pass appropriate order, strictly in accordance with law, as expeditiously as possible. 11. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 25.4.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad