Neutral Citation No. - 2025:AHC:36121 Court No. - 37 Case :- WRIT - C No. - 30375 of 2024 Petitioner :- Babu Lal And 6 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Laxmi Prasad Gupta Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Laxmi Prasad Gupta, learned counsel for the petitioners and Sri Anshul Nigam, learned standing counsel for the State-respondent nos. 1 to 3. 2. Notice on behalf of the Gaon Sabha has been accepted by Sri Sudhir Bharti. 3. By means of the present writ petition the petitioners have prayed for the following relief: "i a suitable writ, order or direction in the nature of certiorari quashing the impugned orders dated 22.12.2022 passed by the respondent no. 3 in Case No. RST/3454/2015, Computer Case No. T20150544033454 (Babu Lal & others Vs. Gaon Sabha) under Section 123(Ka) of U.P.Z.A., 1950 and order dated 09.12.2021 passed by the respondent no. 2 in Case No. 01034 of 2020 (Hari Lal & others Vs. Sagar) under Section 333 of U.P.Z.A., 1950 (Annexure No. 1). ii a suitable writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 & 3 to not do the coercive action with regard to possession of the petitioners of the aforesaid land." 4. The submission of the learned counsel for the petitioners is that by means of the order dated 22.12.2022 the court of learned Sub Divisional Officer allowed the restoration applications dated 03.10.2019 and 20.07.2022 and set aside the order dated 22.12.2015. The learned court has now fixed the case for filing of the written statement on 12.01.2023. 5. Taking into consideration the fact that the proceeding under Section 123(1) of the U.P.Z.A. & L.R. Act, 1950 is pending for disposal before the court of Sub Divisional Officer, Tamkuhiraj, District Kushinagar / respondent no. 3 wherein the parties have already put in their appearances and it is open for the petitioners to raise all the pleas before the court of learned Sub Divisional Officer, Kushinagar / respondent no. 3 who shall consider the same while passing the order. 6. Para 479 of the 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." 7. 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. 8. 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. 9. In view of the nature of the proposed order to be passed, the service of notice upon the respondent no 5 is dispensed with. 10. 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. 11. Accordingly, without adverting on merits of the case and with the consent of the parties present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Officer, Tamkuhiraj, District Kushinagar (respondent No. 3) to conclude the aforesaid proceeding pending Section 123 of the U.P.Z.A. & L.R. Act, 1950, 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 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 any adjournment, if prayed for, may be granted only in exceptional circumstances. 12. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 12.3.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad