The court directed the State of U.P. to decide a pending revenue case (T202105440500002) expeditiously within five months, considering the U.P. Revenue Code, 2006, and 2016 Rules.
Respondent No. 2 directs to decide Case No. T202105440500002 expeditiously within five months from the date of production of certified copy of this order.
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Court No. - 72
Case :- WRIT - C No. - 35526 of 2021
Petitioner :- Sarita And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Sudhir Bharti, learned counsel for respondent No. 4 through video conferencing.
Present petition has been filed with the following prayer:-
"i) Issue a suitable direction to respondent No. 2 to decide the Case No. T202105440500002(Sarita Devi Vs. Gaon Sabha), expeditiously within certain stipulated of time as fixed by this Hon'ble Court."
Learned standing counsel has no objection to the prayer made by learned counsel for the petitioner.
Under such facts and circumstances of the case, as under Sections 34/35 of U.P. Revenue Code, 2006 as well as U.P. Revenue Code Rules 2016 maximum time is prescribed 90 days, but considering the general election of Assembly, this petition is disposed of with direction to the respondent no. 2 to consider and decide the case of the petitioner in accordance with law expeditiously, maximum within five months from the date of production of certified copy of this order after providing opportunity of hearing to all concerned persons.
It is made clear that Court has not adjudicated the matter on merits and it is upon the respondent no. 2 to decide the aforesaid case after considering the provisions of U.P. Revenue Code, 2006 & U.P. Revenue Code Rules 2016 or any other law occupying the field as well as facts of the case.
Order Date :- 20.1.2022 Sartaj
1 issue framed by the court
Whether the respondent must decide the underlying revenue case within a stipulated time.
2 provisions across 2 enactments
Sarita And 2 Others
State Of U.P. And 3 Others
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
