Disposed

Shamsuddin v. Board of Revenue and 7 Others

Allahabad HC9 Nov 2023WRIB/3781/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad issued a writ of mandamus directing the Board of Revenue, U.P. at Prayagraj to dispose of a pending revision case (No. REV/2647/2022) under Section 210 of U.P. Revenue Code, 2006 within six months.

What did the court decide?

Direction to Board of Revenue to decide revision within six months and issue speaking order on merits after hearing.

Shamsuddin Vs Board of Revenue and 7 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216072

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Court No. - 49

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Case :- WRIT - B No. - 3781 of 2023 Petitioner :- Shamsuddin Respondent :- Board Of Revenue And 7 Others Counsel for Petitioner :- Shyam Lal Yadav,Aprajit Yadav,Sonu Mishra Counsel for Respondent :- C.S.C,Azad Rai

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Aprajit Yadav, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing respondent Nos. 1 & 8 and Sri Deepak Gaur, Advocate holding brief of Sri Azad Rai, learned counsel for Gaon Sabha / respondent No. 2 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) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 / Board of Revenue, U.P. at Prayagraj to decide/dispose of the Case No. REV/2647/2022, Computerized Case No. AL20220257002647 (Mohd Shareef & others Vs. Shamsuddin), under Section 210 of U.P. Revenue Code, 2006 within stipulated period."

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The contention of the learned counsel for the petitioner is that the petitioner is the respondent in the pending revision before the learned Board of Revenue, U.P. at Prayagraj (respondent no. 1). He submits that because of the pendency of the revision, the petitioner is facing hardship and as such the disposal of the revision may be expedited in the interest of justice.

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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 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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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

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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 respondent Nos. 3 to 7 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 learned Board of Revenue, U.P. at Prayagraj (respondent no. 1), before whom the aforementioned matter is pending for disposal, to decide the Case No. REV/2647/2022, Computerized Case No. AL20220257002647 (Mohd Shareef & others Vs. Shamsuddin), under Section 210 of U.P. Revenue Code, 2006, 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, unless there is any legal impediment. It is further directed that no unnecessary adjournments will 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 :- 9.11.2023 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shamsuddin v. Board of Revenue and 7 Others

Case brief

What is this about?

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Shamsuddin v. Board of Revenue and 7 Others

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