Ram Shabd Vs Additional Commissioner (Administration), Devi Patan Mandal, Gonda and Others

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Neutral Citation No. - 2023:AHC-LKO:41329

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Court No. - 3

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Case :- MATTERS UNDER ARTICLE 227 No. - 3296 of 2023

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Petitioner :- Ram Shabd

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Respondent :- Additional Commissioner (Administration), Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Govind Kumar Chourasia, learned counsel for the petitioner, Sri Har Govind Upadhyay, learned Additional Chief Standing Counsel representing the respondent nos. 1 & 2 and perused the record.

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The instant writ petition has been filed, interalia, for the following relief:

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"(i) Issue an order or direction commanding the opp. party no.1 to decide the application dated 02.05.2023 which is filed in the Appeal No. 797/2022, (Computerized Case No. C202208000000797) u/s 207, U.P. Revenue Code, 2006, Ram Gopal & another versus Land Management Committee & others, to the petition, in the interest of justice.

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(ii) ................................

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(iii) ..............................."

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The contention of the learned counsel for the petitioner is that he has filed an application dated 02.05.2023, as contained in annexure no.1 to the writ petition, in Appeal No. 797/2022, (Computerized Case No. C202208000000797), which is pending for adjudication.

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Para 458 of U.P. Revenue Court Manual provides as under:

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" 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

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if the suit is not decided within the period aforesaid, the reason for the same shall be recorded.

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(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. "

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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.

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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.

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In view of the nature of the proposed order to be passed, the service of notice upon the respondent no. 4 to 6 is dispensed with.

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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 effect that the aforesaid application dated 02.05.2023 pending before the court of Additional Commissioner (Administration), Devi Patan, Mandal Gonda be expeditiously decided in accordance with law, by a reasoned and speaking order within a period of two months from the date of the production of the certified copy of this order, after affording opportunity of hearing to the parties concerned.

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It is made clear that the authority concerned shall decide the

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application 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.

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With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 19.6.2023 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Ram Shabd v. Additional Commissioner (Administration), Devi Patan Mandal, Gonda and Others

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Ram Shabd v. Additional Commissioner (Administration), Devi Patan Mandal, Gonda and Others

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