Allowed

Ramnarayan Singh v. Board of Revenue and 48 Others

Allahabad HC2 Dec 2023WRIB/3911/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction for the disposal of a pending revenue case no. SA/2941/2022. The court, relying on the legislative mandate in Sub Rule 4 of Rule 183 of U.P. Revenue Code Rules, 2016 for six-month disposal, directed the Board of Revenue to decide the matter within that period without unnecessary adjournments.

What did the court decide?

Direction to Board of Revenue to decide case no. SA/2941/2022 under Section 208 of U.P. Revenue Code, 2006 within six months with a reasoned order on merit.

Ramnarayan Singh Vs Board of Revenue and 48 Others — Execution and Attachment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:228655

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Court No. - 49

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Case :- WRIT - B No. - 3911 of 2023

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Petitioner :- Ramnarayan Singh Respondent :- Board Of Revenue And 48 Others Counsel for Petitioner :- Saurabh Kumar Pandey,Prashant Gaur Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri S.K. Pandey, learned counsel for the petitioner, Sri T.P. Gupta, learned Standing Counsel representing the respondent, Shri Prem Bahadur Singh holding brief of Shri Rameshwar Prasad Shukla, learned counsel for respondent No. 49-Gaon Sabha 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 commanding directing to the respondent no. 1 Board of Revenue U.P. at Allahabad to decide the case no. SA/2941/2022, computerized case No. AL20221506002941 (Ramnarayan Singh vs. Surju and others) under Section 208 of U.P. Revenue Code, 2006 within a reasonable and stipulated period as fixed by this Hon'ble Court."

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Learned counsel for the petitioner submits that the aforesaid case is pending for disposal before the respondent no. 1, Board of Revenue U.P. at Allahabad.

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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 respondent no. 2 to 48 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 Board of Revenue (respondent no.1 ) before whom the case no. SA/2941/2022, computerized case No. AL20221506002941 (Ramnarayan Singh vs. Surju and others) under Section 208 of U.P. Revenue Code, 2006 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, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.

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

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Order Date :- 2.12.2023 Sumaira

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Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad

Ramnarayan Singh v. Board of Revenue and 48 Others

Case brief

What is this about?

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Ramnarayan Singh v. Board of Revenue and 48 Others

Case brief

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