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Neutral Citation No. - 2025:AHC:11097 Court No. - 34 Case :- WRIT - C No. - 30872 of 2024 Petitioner :- Kolai Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J.
1. Heard Shri Mahabir Yadav, learned counsel for the petitioner, learned Standing Counsel for the state respondents and Shri Azad Rai, learned counsel for the respondent no. 6.
2. In pursuance of previous order dated 17.09.2024 instructions has been received by learned Standing Counsel. The same is taken on record.
3. It has been informed by learned Standing Counsel that the matter has been transferred to S.D.M. (Judicial) and he may be
directed to take a decision within the specified time. 4. On oral instructions learned counsel for the petitioner is directed to implead S.D.M. (Judicial) as opposite party no. 7 in the array of parties. 5. In view of the order proposed to be passed, issuance of notice to opposite party nos. 3 to 7 is dispensed with. 6. The present petition has been filed with a prayer for issuance of a writ in the nature of Mandamus commanding the respondent No. 2 to decide the Case No. 3085 of 2021 (Kamlesh and others vs. Kallu and others) its computerized Case No. T202202030703085 filed by the petitioner u/s 24 of U.P. Revenue Code 2006 within stipulated period. 7. Learned counsel for the petitioner by inviting the attention of this Court towards Section 24(3) of the U.P. Revenue Code, 2006 submits that it is the bounden duty rather obligation on the court to make an endeavour to finally decide the case within a period of six months from the date of filing the case, but in spite of the aforesaid obligation, the case has not yet been decided though it is pending since 2016. For the sake of convenience, Section 24(3) of U.P. Revenue Code, 2006 is extracted herein-below:-
"24. Disputes regarding boundaries.?(1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested, decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey maps or, where they have been revised in accordance with the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, on the basis of such maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession. (2) If in the course of an inquiry into a dispute under sub-section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupant, the Sub-Divisional Officer shall? (a) in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession; (b) in the second case, put the person so dispossessed in possession, and for that purpose use or cause to be used such force as may be necessary and shall then fix the boundary accordingly.
(3) Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within six months from the date of the application. (4) Any person aggrieved by the order of the Sub-Divisional Officer may prefer an appeal before the Commissioner within 30 days of the date of such order. The order of the Commissioner shall be final."
8. Learned Additional Chief Standing Counsel and counsel for the Gram Sabha do not dispute the aforesaid legal position. 9. Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid case pending before him within a period of six months from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned without prejudice to their rights. 10. It is further directed that if an application for interim relief is moved by the petitioner within ten days from today, the same shall be decided within next ten days after hearing concerned parties.
Order Date :- 22.1.2025/SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad