Krishna Sharma @ Kishan Sharma Vs Addl… — Writ and Judicial Review | Allahabad HC (2024)

Krishna Sharma @ Kishan Sharma Vs Addl… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the Authority concerned to decide Revision No.1195/2022 within 6 months from the next date fixed in the matter, if there is no other legal impediment, after providing proper opportunity of hearing to the parties and avoiding unnecessary adjournments; the Court expressed no opinion on the merits.

Issue for consideration

Whether the Authority concerned should be directed to decide Revision No.1195/2022 (Computerized Case No. C202204000001195), Krishna Sharma vs Land Management Committee and others, pending since July 2022 before the Additional Commissioner (Administration), Ayodhaya Mandal, Ayodhaya, expeditiously within a fixed time frame.

Court's answer

The Authority concerned is directed to decide the pending revision within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard.

Ratio / Principle

The time-bound disposal is to be after providing proper opportunity of hearing to the parties to the litigation, and unnecessary adjournments are to be avoided for conducting the proceedings within the time specified.

Key takeaways

The Court has not examined the case of either of the parties on merits; the authority concerned shall be free to decide the matter strictly in accordance with law.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; order dated 11.3.2024; Neutral Citation 2024:AHC-LKO:21048). Petition under Article 227 (Matters Under Article 227 No. 1185 of 2024) by Krishna Sharma @ Kishan Sharma seeking expeditious disposal of Revision No.1195/2022 (Computerized Case No. C202204000001195), Krishna Sharma vs Land Management Committee and others, pending since July 2022 before the Additional Commissioner (Administration), Ayodhaya Mandal, Ayodhaya. The petitioner relied on Rule 183(4) of the U.P. Revenue Code Rules, 2016 (made under the U.P. Revenue Code, 2006) read with para 458(2) of the U.P. Revenue Court Manual, under which an appeal or revision should preferably be decided within six months, and pleaded hardship due to pendency despite multiple dates fixed. Learned standing counsel raised no objection to an expedite order. Held: petition disposed of with a direction to the Authority concerned to decide the pending revision within 6 months from the next date fixed, if there is no other legal impediment, after providing proper opportunity of hearing to the parties and avoiding unnecessary adjournments; the Court made clear it had not examined the merits and the authority remains free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:21048

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1185 of 2024 Petitioner :- Krishna Sharma @ Kishan Sharma Respondent :- Addl. Commissioner (Administration) Ayodhya Mandal, Ayodhya And Ors. Counsel for Petitioner :- Shishir Srivastava,Syed Zulfiqar Husain Naqvi Counsel for Respondent :- C.S.C.,Mohan Singh,Ravi Singh

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

The present petition has been filed for the following main relief:-

"(i) to issue an order or direction for expeditious disposal of Revision No.1195/2022 (Computerized Case No. C202204000001195), Krishna Sharma Vs Land Management Committee and other, pending before Additional Commissioner (Administration), Ayodhaya Mandal, Ayodhaya within a fixed time frame;"

It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending since July 2022 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time.

It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending revision within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided.

It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid observations, the petition is disposed of.

Order Date :- 11.3.2024

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench