Shafi Ahmad Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

Shafi Ahmad Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2, Ziladhikari, Prayagraj to decide Appeal No. 07 of 2023 under Section-49(8) of the U.P. Revenue Code, 2006 as expeditiously as possible, preferably within nine months of production of a certified copy of the order, after affording proper opportunity of hearing to both parties; all parties to maintain status quo as on date during the pendency of the appeal.

Issue for consideration

Whether a mandamus should issue directing respondent no. 2, Ziladhikari, Prayagraj, to decide Appeal No. 07 of 2023 (Shekah Haroon and others Versus Shafi Ahmad) under Section-49(8) of the U.P. Revenue Code, 2006 within a stipulated period of time.

Court's answer

Without entering into the merits and subject to there being no other legal impediment, respondent no. 2, Ziladhikari, Prayagraj is directed to decide Appeal No. 07 of 2023 (Shekah Haroon and others Versus Shafi Ahmad) under Section-49(8) of the U.P. Revenue Code, 2006 as expeditiously as possible, preferably within nine months of a certified copy of the order being produced before him, after affording proper opportunity of hearing to both parties.

Ratio / Principle

During the pendency of the appeal, all the parties are directed to maintain status quo as on date.

Detailed headnote1 paragraphs

Mandamus for time-bound disposal of revenue appeal — Writ petition (WRIT - C No. 20786 of 2023) disposed of by Hon'ble Saurabh Srivastava, J. (Allahabad HC, 24.8.2023) with a direction to respondent no. 2, Ziladhikari, Prayagraj to decide Appeal No. 07 of 2023 (Shekah Haroon and others Versus Shafi Ahmad), under Section-49(8) of the U.P. Revenue Code, 2006, Mauza Kachhar Mau, pargana and tehsil-Soran, district-Prayagraj, as expeditiously as possible, preferably within nine months of a certified copy of the order being produced, after affording proper opportunity of hearing to both parties; all parties directed to maintain status quo as on date during the pendency of the appeal; decided without entering into merits.

Neutral Citation No. - 2023:AHC:173122

Court No. - 52

Case :- WRIT - C No. - 20786 of 2023

Petitioner :- Shafi Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar,Sharangpani Vikramdhar Dwivedi,Suresh Kumar Gupta Counsel for Respondent :- C.S.C.,Vibhu Rai

Hon'ble Saurabh Srivastava,J.

Heard Sri Suresh Kumar Gupta, learned counsel for petitioner and learned Standing Counsel for the State-respondents.

Present writ petition has been filed seeking a direction in the nature of mandamus to be issued to respondent no. 2, Ziladhikari, Prayagraj to decide Appeal No. 07 of 2023 (Shekah Haroon and others Versus Shafi Ahmad), under Section-49 (8) of U. P. Revenue Code, 2006, Mauza Kachhar Mau, pargana and tehsil-Soran, district-Prayagraj, within a stipulated period of time.

Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case, the aforesaid case is considered and decided in a time bound manner.

Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no. 2 to consider the grievance of the petitioner.

Be that, as it may, without entering into the merits of the case as well as if there is no other legal impediment, the respondent no. 2, Ziladhikari, Prayagraj to decide Appeal No. 07 of 2023 (Shekah Haroon and others Versus Shafi Ahmad), under Section-49 (8) of U. P. Revenue Code, 2006, Mauza Kachhar Mau, pargana and tehsil-Soran, district-Prayagraj, as expeditiously as possible, preferably within a period of nine months the date a certified copy of this order is produced before him, after affording proper opportunity of hearing to both the parties.

It is further provided that during the pendency of the appeal, all the parties are directed to maintain status quo as on date.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 24.8.2023

HR

Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad