The court disposed of the writ petition involving land revenue mutation proceedings, directing the commissioner to decide the pending revision petition within six months.
Directs Respondent No.2 to decide the pending revision petition within six months.
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Court No. - 35
Case :- WRIT - C No. - 13391 of 2023
Petitioner :- Smt. Maya Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Swaroop Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner and learned Standing Counsel for Respondents No.1 & 2.
In view of the proposed order, notice to private Respondent No.3 is hereby dispensed with.
Learned counsel for the petitioner has submitted that proceedings under Section 34 of U.P. Land Revenue Act, 2006 were instituted and ultimately in the said proceedings, order was passed in favour of the petitioner on 22.05.2012, and consequently, her name was also recorded in the Khatauni of the concerned village.
Learned counsel for the petitioner has further submitted that private Respondent No.3 filed an application for recall of aforesaid order dated 22.05.2012 and restoration of the mutation proceedings and on the said application, order dated 22.05.2012 has been recalled.
In the aforesaid circumstances, petitioner has challenged the order dated 16.07.2020 restoring the mutation case by filing Revision No.C202005000000769 (Smt. Maya Devi Vs. Smt. Shivkumari) on 31.08.2020 and since then the said revision is pending and has not been decided by Respondent No.2.
I have considered the submissions advanced by learned counsel for the petitioner and I find that the Revision No.C202005000000769 (Smt. Maya Devi Vs. Smt. Shivkumari) is pending before Respondent No.2 since 31.08.2020. It is well settled proposition of law and it is right of every litigant to get his case decided expeditiously.
In view of the aforesaid reasons, this writ petition is hereby disposed of with the direction to Respondent No.2-Commissioner, Gorakhpur Division, Gorakhpur to decide Revision No.C202005000000769 (Smt. Maya Devi Vs. Smt. Shivkumari)
expeditiously, prefarably within a period of six months from the date of production of certified copy of this order.
It is made clear that this Court has not adjudicated on the merits of the case.
It is also made clear that Respondent No.2 while deciding the aforementioned revision will not grant any unnecessary adjournment to any of the parties.
Order Date :- 21.4.2023 R.S. Tiwari
Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition should be disposed of pending for an unexplained period against the directive to decide the underlying revision proceeding within six months.
Smt. Maya Devi
State Of U.P.
Commissioner, Gorakhpur Division
Smt. Shivkumari
Manjive Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
