This Writ Petition directed the High Court, Allahabad to expedite the disposal of a pending revision application filed by the petitioner before the Executing Officer/Additional Sessions Judge. A direction to decide the revision within six months was issued.
Direction to decide Revision No. 1020 of 2021 expeditiously within six months.
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Court No. - 1
Case :- WRIT - C No. - 10153 of 2023
Petitioner :- Saroj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Srivastava Counsel for Respondent :- CSC
Hon'ble Manjive Shukla,J.
Heard Sri Amit Srivastava, learned counsel appearing for the petitioners and learned Standing Counsel appearing for respondents.
Learned counsel for the petitioners has submitted that a case was filed bearing Case No. 00290 of 2021, Computerized Case No. T- 202118020100290 (State Vs. Horilal and Others) before Respondent No. 3 under Section 104/105 of U.P. Revenue Code, 2006. The aforesaid case was decided vide order dated 1.02.2021.
Learned counsel for the petitioners has further submitted that they have challenged the aforesaid order dated 1.02.2021 by filing Revision No. 1020 of 2021, Computerized Case No. C202118000001020 (Saroj Vs. State of U.P.) before Respondent No. 2.
Learned counsel for the petitioners has vehemently argued that aforementioned revision was filed before Respondent No. 2 on 26.08.2021 and since then , the said revision is pending and has not been decided. He has further argued that due to pendency of aforesaid revision lot of difficulties are being faced by the petitioners on the spot.
I have considered submissions advanced by learned counsel for the petitioners and I find that the Revision No. 1020 of 2021 filed by the petitioners is pending before Respondent No. 2 since 26.08.2021.
It is a well settled proposition of law that every litigant has a right to get his case decided expeditiously and, therefore, it is in the fitness of things that revision filed by the petitioners be decided expeditiously.
In view of the aforesaid reason, this Writ Petition is hereby finally disposed of with a direction to Respondent No. 2 to decide the
Revision No. 1020 of 2021, Computerized Case No. C202118000001020 (Saroj Vs. State of U.P.) expeditiously preferably within a period of six months from the date of presentation of certified copy of this order.
Needless to say that Respondent No. 2, while deciding the aforesaid Revision, will not grant any unnecessary adjournment to any of the parties.
It is also made clear that this Court has not made any adjudication over the merits of the case.
Order Date :- 20.4.2023 A. Mandhani
Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court ought to direct the lower court to decide a pending revision application expeditiously to ensure the litigant's right to a speedy decision.
Saroj
State of U.P.
Manjive Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
