Disposed

Shiv Gulam v. State of Up and Another

Allahabad HC9 Jul 2024WRIC/21629/2024

Case brief

AI extract

What is this about?

The High Court directed a Sub-Divisional Officer to decide a pending revenue case under Section 24 of the U.P. Revenue Code, 2006, within three months to avoid undue hardship, relying on the statutory time limit.

What did the court decide?

Direction to the Sub-Divisional Officer to decide the pending case under Section 24 of U.P. Revenue Code, 2006 within three months via a reasoned order, without unnecessary adjournments.

Shiv Gulam vs State of Up and Another — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111828

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Court No. - 34

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Case :- WRIT - C No. - 21629 of 2024

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Petitioner :- Shiv Gulam Respondent :- State of U.P. and Another Counsel for Petitioner :- Shashi Bhushan Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Shashi Bhushan, learned counsel for the petitioner and Sri Rajesh Kumar Dwivedi, learned Standing counsel for the respondents No.1 and 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 mandamus directing the court of Sub Divisional Magistrate- Itwa, District Siddhartha Nagar (respondent no.2) to decide the case No. T202317630300492 of 2023, Shiv Gulam vs. State filed by the petitioner under Section 24 of the U.P. Revenue Code, 2006, which is pending before him, in a stipulated period of time as fixed by this Hon'ble Court.

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(ii) To issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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Learned counsel for the petitioner submits that the case under Section 24 of U.P. Revenue Code, 2006 is pending for disposal since 2023 before the respondent No.2 but till date no final order has been passed and because of the pendency of the said case the petitioner is facing undue hardship.

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Sub-Section (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under:

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"(3). Every proceeding under this section shall, as far as possible, be

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concluded by the Sub-Divisional Officer within (three months) from the date of the application."

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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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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, 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 Officer, Tehsil- Itwa, District- Siddharth Nagar (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 492/2023 (Computerized Case No. T202317630300492) under Section 24 of U.P. Revneue Code, 2006 strictly in accordance with law by a reasoned and speaking order on merit , expeditiously preferably within a period of three 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.

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

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Order Date :- 9.7.2024 Abhishek Gupta

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

Shiv Gulam v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Shiv Gulam v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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