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2025 DAILYLAW 92601 (ALL)

SATISH AND ANOTHER v. State of U.P. AND 16 OTHERS

WRIC/29734/2024 · 2025-03-02

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29245 Court No. - 37 Case :- WRIT - C No. - 29734 of 2024 Petitioner :- Satish And Another Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Yashwant Pratap Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Yashwant Pratap Singh, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the State-respondent No. 1 & 2 and Sri Sudhir Bharti, learned counsel appearing on behalf of the Gaon Sabha / respondent no. 3 and perused the record. 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 directing the respondent no. 2 to decide the Case No. 1678/2022, Computer Case No. T202205470111678 (Satish & another Vs. Chandrika & others) under Section 116 of U.P. Revenue Code, 2006, which is pending in the court of Sub Divisional Magistrate, Tehsil Sadar, District Maharajganj since 13.09.2022, within stipulated period as fixed by this Hon'ble Court (Annexure No. 1 to this writ petition)." 3. Learned counsel for the petitioners submits that the Case No. 1678/2022, Computer Case No. T202205470111678 (Satish & another Vs. Chandrika & others) under Section 116 of U.P. Revenue Code, 2006 is pending for disposal since the year 2022 before the respondent No. 2 but till date no final order has been passed and because of the pendency of the said case the petitioner is facing undue hardship. 4. Sub Rule (10) of Rule 109 of the U.P. Revenue Code Rules, 2016 provides as under: "(10). The Sub-Divisional Officer shall make an endeavouor to decide the suit within the period of six months and if the suit is not decided within such period, the reason 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 to the extent that 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 opposite party nos. 4 to 17 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, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Magistrate, Sadar, Distrit Maharajganj / respondent no. 2, before whom the aforementioned matter is pending for disposal, to decide the Case No. 1678/2022, Computer Case No. T202205470111678 (Satish & another Vs. Chandrika & others) under Section 116 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, may be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 3.3.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad