Disposed

Smt Munni v. State of Up and 12 Others

Allahabad HC1 Aug 2024WRIC/22765/2024

Case brief

AI extract

What is this about?

The High Court, via a writ petition, directed the Upziladhikari of District Siddharth Nagar to expeditiously decide a pending suit under Section 116 of the U.P. Revenue Code within six months, recording reasons if not decided, in accordance with relevant rules.

What did the court decide?

Direction to the Upziladhikari to decide the pending suit within six months with a reasoned order after hearing parties.

Smt Munni vs State of Up and 12 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124819

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Court No. - 34

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Case :- WRIT - C No. - 22765 of 2024

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Petitioner :- Smt Munni Respondent :- State Of Up And 12 Others Counsel for Petitioner :- Rajesh Kumar Chitragupt Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Rajesh Kumar Chitragupt, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondent nos. 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 mandamus directing the respondent no.2 to decide Case No.4883/2022, Computer Case No.T202217630404883 (Smt. Munni vs. Raja Ram and others), under Section 116 of U.P. Revenue Code, within specific period, which may be fixed by this Hon'ble Court, in accordance with law.

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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 2022 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 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,

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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 respondent nos.3 to 13 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 Upziladhikari, Tehsil Dumariyaganj, District Siddharth Nagar (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 4883/2022, Computerized Case No. T202217630404883, 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.

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

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Order Date :- 1.8.2024 Abhishek Gupta

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

Smt Munni v. State of Up and 12 Others

Case brief

What is this about?

What did the court decide?

Smt Munni v. State of Up and 12 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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