Disposed

Krishnawati Devi and 3 Others v. Additional Commissioner Varanasi Division and 2 Others

Allahabad HC5 May 2023WRIC/15215/2023

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition issuing a direction to the Additional Commissioner to decide pending appeals (Nos. 217 and 218 of 2023) invoking Rule 183 (4) of U.P. Land Revenue Code Rules, 2016.

What did the court decide?

Direction to Respondent No. 1 to decide pending Appeal No. 217 of 2023 and Appeal No. 218 of 2023 expeditiously, preferably within six months.

Krishnawati Devi and 3 Others Vs Additional… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:98005

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Court No. - 6

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Case :- WRIT - C No. - 15215 of 2023

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Petitioner :- Krishnawati Devi And 3 Others Respondent :- Additional Commissioner Varanasi Division And 2 Others Counsel for Petitioner :- Manish,Gajala Srivastava Counsel for Respondent :- CSC,Jeetendra Kumar Yadav

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Hon'ble Manjive Shukla,J.

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Heard learned counsel for the petitioners and learned Standing Counsel appearing for Respondents No. 1 and 2.

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In view of the order proposed, notice to private Respondent No.3 is hereby dispensed with.

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Learned counsel for the petitioners has submitted that private Respondent No.3 has filed an application under Section 30 of U.P. Land Revenue Code, 2006 on the ground that he is the owner by sale deed of Plot No.808 area 0.109 hectare and the map has been wrongly prepared. The said case was allowed by Additional Collector (Administration), Varanasi vide order dated 12.9.2022 directing the authority concerned to correct the map. Against the aforesaid order the petitioners filed a restoration application, which was rejected by Additional Collector (Administration), Varanasi vide order dated 24.1.2023.

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Learned counsel for the petitioners has further submitted that petitioners have challenged the aforesaid both the orders dated 24.1.2023 and 12.9.2022 by filing two Appeals bearing Appeal No.217 of 2023, Computer Case No. C-202314000000217 (Krishnawati Devi and others vs. Bhailal and others) and Appeal No.218 of 2023, Computer Case No. C- 202314000000218 (Krishnawati Devi and others vs. Bhailal and others) before Respondent No. 1 on 27.1.2023 and since then the said Appeals are pending.

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Learned counsel for the petitioners has vehemently argued that there is provision in Rule 183 (4) of U.P. Land Revenue Code Rules, 2016 wherein it has been provided that the appeals and revisions should be decided within a period of six months.

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I have considered submissions advanced by learned counsel for the petitioners and I find that Appeal No.217 of 2023 and

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Appeal No.218 of 2023 filed by the petitioners are pending before Respondent No. 1 since 27.1.2023.

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I also find that under Rule 183 (4) of U.P. Land Revenue Code Rules, 2016, there is specific provision that appeals and revisions should be decided within a period of six months.

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Rule 183 (4) U.P. Land Revenue Code Rules, 2016 is extracted as under:

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"(4) 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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At this stage, learned Standing Counsel has submitted that it would be in the interest of justice if a positive direction is issued by this Court for expeditious disposal of Appeal No.217 of 2023, Computer Case No. C-202314000000217 (Krishnawati Devi and others vs. Bhailal and others).

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In view of the aforesaid reasons, this Writ Petition is finally disposed of with a direction to Respondent No. 1 to hear and decide Appeal No.217 of 2023, Computer Case No. C- 202314000000217 (Krishnawati Devi and others vs. Bhailal and others) expeditiously, preferably within a period of six months from the date of production of certified copy of this order.

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It is made clear that this Court has not adjudicated on the merits of the case.

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It is also directed that Respondent No. 1 while deciding the aforesaid appeal will not grant any unnecessary adjournments to any of the parties.

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Order Date :- 5.5.2023 Salim

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Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Krishnawati Devi and 3 Others v. Additional Commissioner Varanasi Division and 2 Others

Case brief

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Krishnawati Devi and 3 Others v. Additional Commissioner Varanasi Division and 2 Others

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