Disposed

Asharfa Devi v. State of U.P. and 2 Others

Allahabad HC14 Dec 2023WRIC/42983/2023

Case brief

AI extract

What is this about?

The High Court directed the Sub Divisional Magistrate to dispose of a pending suit under Section 116 of U.P. Revenue Code, 2006 within six months, citing the mandatory time-bound provision in the U.P. Revenue Code Rules, 2016, ensuring a reasoned order.

What did the court decide?

Directed to decide the pending case within six months from the receipt of a certified copy of the order, strictly in accordance with law, by a reasoned and speaking order on merit.

Asharfa Devi Vs State of U.P. and 2… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:237352

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Court No. - 49

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Case :- WRIT - C No. - 42983 of 2023

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Petitioner :- Asharfa Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishveshwar Mani Tripathi,Vikas Yadav Counsel for Respondent :- CSC

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Vikas Yadav, learned counsel for the petitioner, Sri Hari Mohan Srivastava, learned Additional Chief Standing Counsel representing the respondents no.1 & 2 and perused the record.

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The present writ petition has been filed, inter alia , for the following relief:

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"(i) To issue a writ, order or direction in the nature of writ of mandamus directing the concerned Court i.e. Court of learned Sub Divisional Magistrate, Tehsil Khalilabad, District Sant Kabir Nagar (respondent no.2) to decide the Case No.3044 of 2023, Computer Case No. T202317650203044 (Sunder through Juganu vs. Asharfa Devi and others), under Section 116 of U.P. Revenue Code, 2006, expeditiously within a time bound period as fixed by this Hon'ble Court.

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(ii) .....................

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(iii) ...................."

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Learned counsel for the petitioner submits that the suit under Section 116 of U.P. Revenue Code, 2006 is pending for disposal since 29.04.2023 before the respondent No.2 but till date no final order has been passed.

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Sub Rule 10 of Rule 109 of the U.P. Revenue Code Rules, 2016

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provides as under:

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"............(10). The Sub Divisional Officer shall make an endeavour to decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded."

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There is a clear legislative mandate that if proceedings are not concluded within stipulated 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 case within stipulated period as to be 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 respondents no.4 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 Sub Divisional Magistrate, Tehsil Khalilabad, District Sant Kabir Nagar (respondent No.2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 3044 of 2023 (Computerized Case No. T202317650203044), 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

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any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties.

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

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Order Date :- 14.12.2023 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad

Asharfa Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Asharfa Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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