Mohammad Ikram Vs Board of Revenue U.P. Lko… — Writ and Judicial Review | Allahabad HC (2024)

Mohammad Ikram Vs Board of Revenue U.P. Lko… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the Board of Revenue, U.P., Lucknow (respondent no. 1) to decide Case No. REV/3445/2023/Balrampur, computerized case no. R20230810003445 (Matiullah Vs. Mohammad Ikram) under Section 219 of the U.P. Land Revenue Act, 1901, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing, expeditiously and preferably within six months from receipt of a certified copy of the order, unless there is any legal impediment; no unnecessary adjournments to either party.

Issue for consideration

Whether the Board of Revenue, U.P., Lucknow (opposite party no. 1) should be directed to decide Case No. REV/3445/2023/Balrampur, computerized case no. R20230810003445 ('Matiullah Vs. Mohammad Ikram') under Section 219 of the U.P. Land Revenue Act, 1901, pending since 2024, expeditiously within a stipulated period.

Court's answer

Without adverting to the merits and with the consent of the parties, the Court directed the Board of Revenue, U.P., Lucknow (respondent no. 1) to decide Case No. REV/3445/2023/Balrampur, computerized case no. R20230810003445 (Matiullah Vs. Mohammad Ikram) under Section 219 of the U.P. Land Revenue Act, 1901 strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned.

Ratio / Principle

The pending case is to be decided expeditiously and preferably within a period of six months from the date of receipt of a certified copy of the order, unless there is any legal impediment.

Key takeaways

No unnecessary adjournments are to be granted to either of the parties; an adjournment, if prayed for, may be granted only in exceptional circumstances.ratio¶13
In view of the order proposed to be passed, service of notice upon respondent no. 4 was dispensed with.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Syed Qamar Hasan Rizvi, J. (Matters Under Article 227 No. 2792 of 2024, decided 04.06.2024): Mohammad Ikram sought a direction to the Board of Revenue, U.P., Lucknow to expedite Case No. REV/3445/2023/Balrampur, computerized case no. R20230810003445 ('Matiullah Vs. Mohammad Ikram') under Section 219, U.P. Land Revenue Act, 1901, pending since 2024. The Court, noting Para 458 of the U.P. Revenue Court Manual (appellate/revisional court to endeavour final decision within six months) and the standing counsel's no-objection, disposed of the petition without adverting to merits and with the consent of the parties, directing the Board of Revenue to decide the case strictly in accordance with law by a reasoned and speaking order on merit after affording opportunity of hearing, expeditiously and preferably within six months of receipt of a certified copy of the order, unless legally impeded; no unnecessary adjournments to either party, adjournments only in exceptional circumstances; notice on respondent no. 4 dispensed with.

Neutral Citation No. - 2024:AHC-LKO:42342

Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 2792 of 2024 Petitioner :- Mohammad Ikram Respondent :- Board Of Revenue U.P. Lko. Thru. Member Judicial Chairman And 3 Others Counsel for Petitioner :- Ratnesh Singh Counsel for Respondent :- C.S.C.

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Sri Vivek Srivastava and Sri Ratnesh Singh, learned counsels for the petitioner, Sri L.M. Khare, learned standing counsel for the State-respondent nos.1 to 3 and perused the material available on record.

This writ petition has been filed seeking following relief:

"ii. To direct the Board of Revenue U.P. Lucknow - opposite party no. 1 to decide the case no. REV/3445/2023/Balrampur, computerized case no. R20230810003445, "Matiullah Vs. Mohammad Ikram" under Section 219 of U.P. Land Revenue Act, 1901 filed by Matiullah pending before him since 2024 expeditiously within a stipulated period as fixed by this Hon'ble Court."

It has been submitted by learned counsel for the petitioner that the Case No. REV/3445/2023/Balrampur, Computerized Case No. R20230810003445 (Matiullah Vs. Mohammad Ikram), under Section 219 of U.P. Land Revenue Act, 1901 is pending before the learned Board of Revenue, U.P., Lucknow / respondent no. 1 since the year 2024. He further submits that because of the pendency of the said case, he is facing hardship and as such the disposal of the case may be expedited in the interest of justice.

Para 458 of U.P. Revenue Court Manual provides as under:

"(2) 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."

Learned standing counsel submits that he has no objection to the extent that if a direction is issued by this Court for expeditious disposal of the case within the stipulated period as fixed by this Court.

In view of the order proposed to be passed, service of notice upon the respondent no. 4 is dispensed with.

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 learned Board of Revenue, U.P., Lucknow / respondent no. 1, before whom the aforementioned matter is pending for disposal, to decide the Case No. REV/3445/2023/Balrampur, Computerized Case No. R20230810003445 (Matiullah Vs. Mohammad Ikram), under Section 219 of U.P. Land Revenue Act, 1901, 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 any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.

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

Order Date :- 4.6.2024 Arif

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad, Lucknow Bench