Disposed

Rammurat v. State of Up and 3 Others

Allahabad HC9 Jul 2024WRIC/21633/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking mandatory orders for the expeditious disposal of a pending revision. The court directed the Additional Commissioner to decide the case within six months following the recording of reasons for delay, if applicable, and ordered reasoned judgment with opportunity of hearing.

What did the court decide?

Direction to the Additional Commissioner to decide the pending revision within six months by a reasoned order after hearing parties, expeditiously.

Rammurat vs State of Up and 3 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111815

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Court No. - 34

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Case :- WRIT - C No. - 21633 of 2024

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Petitioner :- Rammurat Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Prem Chand Saroj Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Deepak Kumar, Advocate holding brief of Sri Prem Chand Saroj, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel representing the respondents no.1 & 2 and perused the record.

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The instant 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 commanding the respondents to decide the revision being revision no. C2023114000002301 (Ram Murat vs. Vinay and others) of the petitioner within stipulated period as fixed by this Hon'ble Court.

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

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Learned counsel for the petitioner submits that the Revision under Section 333 of U.P.Z.A. & L.R. Act, is pending for disposal since 2023 before the Additional Commissioner, Judicial (First), Varanasi Division, Varanasi.

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Sub Rule 4 of Rule 183 of U.P. Revenue Code Rules, 2016 provides as under:

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"The appellate or the revisional Court shall, endeavour to finally decide the

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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."

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There is a clear legislative mandate that if proceedings are not concluded within the period of time as provided under the aforesaid provision, reasons for the same shall be recorded.

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Learned Additional Chief Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case, within stipulated period as 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 respondent 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 the Additional Commissioner, Judicial (First), Varanasi Division, Varanasi, before whom the Case No. 2301 of 2023 (Computerized Case No. C202314000002301) is pending for disposal, to decide the same 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

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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

Rammurat v. State of Up and 3 Others

Case brief

What is this about?

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Rammurat v. State of Up and 3 Others

Case brief

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