Petitioner sought direction to expedite disposal of a pending revision petition under Section 219 of U.P. Land Revenue Act, 1901. Court directed lower court to decide within six months without unnecessary adjournments.
Direction issued to decide the pending revision within six months without unnecessary adjournments.
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Court No. - 19 Case :- WRIT - C No. - 28006 of 2022 Petitioner :- Prabhawati @ Prabha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munna Tiwari,Shivam Kumar Modanwal
Counsel for Respondent :- C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Munna Tiwari, learned counsel for the petitioner and Sri Chandra Shekhar Vaish, learned Standing Counsel for the State respondents.
The present petition has been filed seeking a direction to the respondent 2-Commissioner, Gorakhpur Region, Gorakhpur to decide the Revision No. 01751 of 2018 (Computer Case No. T201805000001751, Lakshmi vs. Prabhawati @ Prabha and others), under Section 219 of U.P. Land Revenue Act, 1901 within a stipulated period.
It is submitted that against an order dated 20.8.2018 passed in favour of the petitioner in proceedings under Section 34 of the U.P. Revenue Code, 2006, the respondent no. 3 has preferred a revision on 25.9.2018, which is pending since then.
Counsel for the petitioner has referred to the order sheet of the case, a copy whereof has been placed on record along with affidavit filed in support of the petition to submit that despite several dates having being fixed, the matter is being adjourned for some reason or the other and the delay in disposal of the case is causing undue hardship to the petitioner.
Learned Standing Counsel for the State-Respondents has fairly stated that he has no objection, if the proceeding is expedited.
Having regard to the aforementioned facts and circumstances and without expressing any opinion on the merits of the case, the present petition is disposed of with an observation that the court below would make an endeavor to decide the aforesaid case in accordance with law, expeditiously preferably within a period of six months from the date of production of certified copy of the instant order, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment.
Order Date :- 28.9.2022/Kirti
(Dr. Y.K. Srivastava, J)
Digitally signed by KIRTI SAHU Date: 2022.09.28 17:39:24 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction can be issued to expedite the disposal of a pending revision petition under the U.P. Revenue Code.
Prabhawati @ Prabha And Another
State Of U.P. And 2 Others
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
