Basdev vs Board Of Revenue, U.P., Lucknow ...
2023 Latest Caselaw 22611 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


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Neutral Citation No. - 2023:AHC-LKO:55091
 
Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4135 of 2023
 

 
Petitioner :- Basdev
 
Respondent :- Board Of Revenue, U.P., Lucknow Thru. Member (Judicial), Board Of Revenue, Lucknow And 23 Others
 
Counsel for Petitioner :- Mehdi Abbas Rizvi
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

Present petition has been filed for the following main relief:-

"(a) Expedite the hearing and disposal of the application for interim relief and also revision in question Revision No.2652/2021 (Basdev vs. Ramkaran and Others), Computerized Case No.R20211666002652 under Section 219 of the U.P. Land Revenue Act, 1901, pending before the opposite party No.1, within the time which may kindly be fixed by this Hon'be Court."

Submission of learned counsel for the petitioner with regard to prayer sought is to the effect that neither the revision nor the application seeking interim relief preferred by the petitioner has been disposed of till date, though, as per Para 458(2) of the U.P. Revenue Court Manual, the case of such nature should be decided preferably within a period of six months. However, in the instant case, the revision as also the application seeking interim relief is pending since long.

Further submitted that the Hon'ble Apex Court in the judgment passed in the case of Rojer Methew vs. South Indian Bank Ltd. & Others; reported in 2020 (314) CTR 58 observed that such crawling pace of the justice delivery system only aggravates the misery of affect parties. Although, with nebulous origins, the adage "Justice delayed, is Justice denied" is apt in this context.

Taking note of aforesaid as also the law, referred above and the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1-Board of Revenue, U.P. Lucknow to consider and decide the Revision No.2652/2021 (Basdev vs. Ramkaran and Others), Computerized Case No.R20211666002652, most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the next date fixed in the case, and if there is no other legal impediment in this regard. Further, the opposite party No.1 shall also consider and dispose of the application seeking interim relief as early as possible and if possible, the same shall be disposed of on the next date fixed.

Petitioner is directed to file an affidavit of undertaking before the Authority concerned that he would appear on each date fixed in the case and he will not take any adjournment before the Authority concerned.

It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 21.8.2023

Vinay/-