Allahabad High Court
Gangotri (Since Dead ) And 2 Others vs Board Of Revenue (U.P.) And 6 ... on 20 July, 2023
Bench: Syed Qamar Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145234
E-court
Court No. - 49
Case :- WRIT - B No. - 2550 of 2023
Petitioner :- Gangotri (Since Dead ) And 2 Others
Respondent :- Board Of Revenue (U.P.) And 6 Others
Counsel for Petitioner :- Lal Chandra Srivastava,Neeraj Srivastava
Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Lal Chandra Srivastava, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondent nos. 1 & 2, Sri Azad Rai holding brief of Sri Pradeep Singh, learned counsel for the respondent no.5 and perused the record.
2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) To issue a writ in nature of Mandamus commanding the respondent no.1 to expedite the hearing and decide the revision no. 2922 of 2019 filed under Section 219 of U.P. Land Revenue Act, 1901 against the judgment/order 23.10.2019 passed by the respondent no.2 in computer case no. T201616530202950 of 2016 passed under Section 33/39 of U.P. Land Revenue Act.
(ii) ................................
(iii) ..............................."
2. The contention of the learned counsel for the petitioner is that the revision under Section 219 of U.P. Land Revenue Act, 1901, is pending for disposal before learned Board of Revenue, U.P. at Prayagraj since 2019, but till date no final order has been passed.
3. Para 458 of U.P. Revenue Court Manual provides as under:
"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 suit and if the suit is not decided within the period aforesaid, the reason for the same shall be recorded.
(2) The appellate or the revisional court shall endeavour to finally decide the appeal or revision, as the case may be, within a period of six months from the date of filing the appeal or revision and if the appeal or revision is not decided within the aforesaid period, the reason for the same shall be recorded. "
4. Since, there is a clear 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.
5. 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 above mentioned case, within stipulated period as fixed by this Court.
6. In view of the nature of the order proposed to be passed, the service of notice upon the respondent no. 3 to 4 is dispensed with.
7. 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, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the learned Board of Revenue (U.P.), Prayagraj (respondent No. 1), before whom the Revision No. 2922 of 2019, is pending for disposal, to decide the same in accordance with law, by a reasoned and speaking order, 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 without granting unnecessary adjournments to either of the parties, if there is no other legal impediment.
8. It is made clear that the learned Board of Revenue concerned shall decide the case on its merit and this order shall not come in the way of such decision to be taken on the basis of the merit of the case.
9. With the aforesaid direction, the present writ petition is disposed of.
Order Date :- 20.7.2023
Abhishek Gupta
