Dismissed

Smt Shamsun Nisha v. Board of Revenue U.P. at Allahabad and 11 Others

Allahabad HC31 Oct 2023WRIB/3446/2023

Case brief

AI extract

What is this about?

This writ petition sought a direction for the expeditious disposal of a pending revision petition under the U.P. Revenue Code. The High Court, noting the statutory six-month timetable, directed the Board of Revenue to decide the matter via a reasoned order within six months.

What did the court decide?

Directions issued to the Board of Revenue to decide the pending revision within six months via a reasoned order.

Smt Shamsun Nisha Vs Board of Revenue U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:210676

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Court No. - 49

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Case :- WRIT - B No. - 3446 of 2023

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Petitioner :- Smt Shamsun Nisha Respondent :- Board Of Revenue U.P. At Allahabad And 11 Others Counsel for Petitioner :- Himanshu Pandey,Hawaldar Ram Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri A. K. Dwivedi, Advocate holding brief of Sri Himanshu Pandey, learned counsel for the petitioner, Sri D.P. Mishra, learned Standing Counsel representing the respondents no.1 & 12 and perused the record.

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

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"(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to hear and decide the proceedings of Revision o.3230 of 2019/Mau (Computerized Case No. AL20191551003230) (Shahid Jamal and other versus Additional Commissioner (Judicial) and others) within a fixed period of time as may be determined by this Hon'ble Court.

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

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

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Learned counsel for the petitioner submits that the Revision No. REV/3230/2019Mau, under Section 210 of the U.P. Revenue Code, 2006 is pending for disposal since 2019 before the respondent no.1.

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Sub Rule 4 of Rule 183 of U.P. Revenue Code Rules, 2016 provides as under:

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"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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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 order proposed to be passed, the service of notice upon the respondents no.2 to 11 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.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the learned Board of Revenue, U.P. at Allahabad (respondent no.1), before whom the Case No.REV/3230/2019/Mau (Computerized Case No. AL20191551003230) is pending for disposal, to decide the same strictly in accordance with law, by a reasoned and speaking order on merit, 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,

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unless there is any other legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties.

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

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Order Date :- 31.10.2023 Abhishek Gupta

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

Smt Shamsun Nisha v. Board of Revenue U.P. at Allahabad and 11 Others

Case brief

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Smt Shamsun Nisha v. Board of Revenue U.P. at Allahabad and 11 Others

Case brief

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