Allahabad High Court
Shiv Kumar vs State Of Up And 11 Others on 1 March, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:38273 Court No. - 37 Case :- WRIT - C No. - 6799 of 2024 Petitioner :- Shiv Kumar Respondent :- State Of Up And 11 Others Counsel for Petitioner :- Devesh Pandey Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Devesh Pandey, learned counsel for the petitioner, Sri O.P. Sharma, learned Standing Counsel representing respondent Nos. 1 & 2 and Shri Virendra Mauraya holding brief of Shri Azad Rai, counsel for Gram Panchayat and perused the record.
2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) a writ, order or direction in the nature of mandamus directing the Sub Divisional Officer, Tehsil Meja, District Pryagraj to decide the Case No. 2074 of 2023, Computerized Case No. T202302030802074 (Shiv Bahadur vs. Amar Bahadur and others) under Section 116 of the U.P. Revenue Code, 2006 expeditiously within time bound period as may be fixed by this Hon'ble Court."
Learned counsel for the petitioners submits that the petitioner is the respondent No. 9 in the proceeding pending before the Sub Divisional Officer, Meja, Prayagraj and because of pendency of the same he shall suffer undue hardship.
Sub Rule 10 of Rule 109 of U.P. Revenue Code Rules, 2016 provides as under:-
"The Sub-Divisional Officer shall make an endeavour 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."
Since, there is a 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.
Learned Standing Counsel submits that he has no objection to the extent that a direction be issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.
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.
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 Sub Divisional Officer, Tehsil Meja, Prayagraj (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 2074 of 2023, Computerized Case No. T202302030802074 (Shiv Bahadur vs. Amar Bahadur and others) under Section 116 of the U.P. Revenue Code, 2006, 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 will be granted to either of the parties.
With the aforesaid direction, present writ petition is disposed of.
Order Date :- 1.3.2024 Sumaira