The High Court dismissed a writ petition seeking a direction to decide a revision under the U.P. Land Revenue Act within a time-bound period, citing prior precedent requiring workload assessment and absence of delay allegations.
No relief granted. Petition dismissed.
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Court No. - 89
Case :- WRIT - C No. - 6340 of 2021
Petitioner :- Suncity Hi- Tech Projects Pvt.Ltd. Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vishal Khandelwal Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava
Hon'ble Rajeev Misra,J.
Heard Sri Vishal Khandelwal, learned counsel for the petitioner through video conference.
This petition under Article 227 of the Constitution of India has been filed for a direction to Commissioner, Agra Division, Agra to decide the Revision No. 501 of 2016 (Nem Singh vs Suncity Hi-tech Projects Pvt. Ltd.) (computerised No. C- 2016010000501/2016) u/s 219 of U.P. Land Revenue Act, 1901 within a time bound period.
A Division Bench of this Court in the case of Km. Shobha Bose v. Judge Small Causes Court 2020 (1) ADJ 531 (DB) has held that it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Upon examination of record, the Court does not find any good ground to expedite the hearing of above mentioned Suit, which is of the year 2016 itself.
For the facts noted above, present petition fails and is, accordingly, dismissed .
Order Date :- 28.6.2021 A.Kr.
1 issue framed by the court
Whether the High Court can issue a direction for time-bound disposal of proceedings without ascertaining the court's workload or alleging delay by the court below.
Suncity Hi- Tech Projects Pvt.Ltd.
State Of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
