Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11507
Court No. - 34 Case :- WRIT - C No. - 31058 of 2024 Petitioner :- Rekha Respondent :- State Of Up And 56 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C.,Vijay Bahadur Maurya Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties no.1 and 2 and Sri Vijay Bahadur Maurya, counsel for the Nagar Nigam i.e. opposite party no.3.
2. In view of the order proposed to be passed, issuance of notice to opposite parties no.4 to 57 is dispensed with.
3. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.2 to decide Case No.3929 of 2023, Computerised Case No.T202302030503929, Chandra Shekhar and others Vs. Geeta Devi and others, under Section 144 of U.P. Revenue Code, 2006 within a stipulated period.
4. Learned counsel for the petitioner by inviting the attention of this Court towards Para-458(1) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the court to make an endeavour to finally decide the suit within a period of one year from the date of filing the suit, but in spite of the aforesaid obligation, the case has not yet been decided though it is pending since 04.04.2023. For the sake of convenience, Para-458 (1) of U.P. Revenue Court Manual is extracted herein-below:-
“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 said suit and if the suit is not decided within the aforesaid period, the reason for the same shall be recorded.”
5. Learned Additional Chief Standing Counsel does not dispute the aforesaid legal position.
6. 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 one year 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. . (Brij Raj Singh, J.) Order Date :- 22.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad