Disposed

Ganesh Kumar v. State of U.P. and 3 Others

Allahabad HC5 Sept 2024WRIC/27378/2024

Case brief

AI extract

What is this about?

This writ petition concerned the disposal of a petition for mandamus directing the additional commissioner to decide a revision pending since 2007. The Court found that large numbers of cases were pending and disposed of the petition by directing the officer to expedite all pending work.

What did the court decide?

Petition disposed directing the Additional Commissioner to expedite disposal of over 3000 pending cases including those under U.P. Revenue Code and Land Laws.

Ganesh Kumar vs State of U.P. and 3 Others — Public Procurement and Tenders | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:161016

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Court No. - 7

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Case :- WRIT - C No. - 27378 of 2024

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Petitioner :- Ganesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Mishra,Yogendra Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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The petitioner has preferred the present writ petition inter-alia with the following prayer:-

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"A. Issue, a writ order or direction in the nature of mandamus commanding and directing the respondent no.2/Additional Commissioner (Administration), Prayagraj Mandal, Prayagraj, to decide the revision no.4 of 2007-2008 computerized case no.C200702000001860 (Radhey Shyam & another Vs. Ganesh Kumar), under section-219 of U.P. Revenue Code, dated 09.10.2007, pending before him (Annexure No.1 to this Writ Petition)."

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The following order was passed by this Court in this petition on 05.09.2024:-

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"1. From perusal of the record it appears that the revision is pending since 2007. It is unfortunate that the proceedings are summary in nature, are pending for last more than 17 years.

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2. Time and again, such kind of matter are coming before this Court, in which the appeal / revision are pending before the respondent no.2-Additional Commissioner (Administration), Prayagraj Division, Prayagraj for last more than one decades.

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3. In this view of the matter, learned Standing counsel is directed to seek the instructions in the matter within ten days.

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4. Registrar (Compliance) is directed to forward a copy of the order passed today to respondent no.2- Additional Commissioner (Administration), Prayagraj Division, Prayagraj through Commissioner, Prayagraj Division, Prayagraj within 24 hours.

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5. The respondent no.2 is further directed to place before this Court the record that how many revision or appeal is pending before the court below for last more than one decades.

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6. Put up this matter as fresh on 18.09.2024 before appropriate Bench.

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7. This case shall not be treated as tied up or part heard to this Bench."

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Pursuant to the order passed by this Court, instructions dated 17.09.2024 received from the Office of respondent No.2/Additional Commissioner

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(Administration) Prayagraj Revision Prayagraj placed before the Court, the same is taken on record.

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It is stated in the Instructions that revision No.4 of 2007-2008 filed by Radheshyam & Lalta Prasad, who are respondent Nos.3 & 4 in the present petition, was listed on various dates and on the aforesaid dates, the revisionists were not present. It is further stated in the aforesaid Instructions that the aforesaid revision was lastly listed on 04.09.2024 and on the said date, again revisionists were not present, therefore, the revision which was filed against the petitioner who is respondent in the aforesaid revision is rejected and the interim order has been vacated.

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Learned Standing Counsel is directed to provide a copy of the order dated 04.09.2024 to the learned counsel for the petitioner during the course of the day.

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In this view of the matter, it is argued by learned Standing Counsel that since the relief as prayed by the petitioner in this petition has been granted, no further order is required and the present petition has now become infructuous.

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Insofar as the second query raised by this Court is concerned, i.e., how many revisions and appeals are pending before the respondent No.2, it is stated in paragraph No.3 of the Instructions that total 1141 revisions and appeals are pending before him.

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After noting down the aforesaid facts, an order dated 21.09.2024 was passed by this Court. Pursuant to the same, the fresh instructions dated 28.09.2024 has been placed before this Court, the same is taken on record.

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It is stated in the aforesaid instructions that as many as 3142 cases are pending in his Office, out of which 1235 cases relates to U.P. Land Revenue Act, 1901, 887 cases relates to the U.P. Zamindari Abolition and Land Reforms Act, 1950, 24 cases relates to the U.P. Imposition of Ceiling on Land Holdings Act, 1960 and 996 cases relates to U.P. Revenue Code, 2006.

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From the perusal of the instructions it transpires that large number of cases are pending consideration in the office of respondent no.2 from last several years.

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In this view of the matter, the present petition is disposed of directing the respondent no.2 and other officers in his office to make every possible efforts to decide all the pending cases as stated above, as expeditiously as possible.

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Order Date :- 1.10.2024 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Ganesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

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Ganesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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