The court directed the Additional Commissioner Judicial (First), Varanasi, to decide a pending appeal (No. 1309 of 2023) involving a computer case expeditiously, preferably within two months. The petition was disposed of without notice.
Direction to respondent to decide Appeal no. 1309 of 2023 expeditiously within two months.
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Neutral Citation No. - 2024:AHC:156117
Court No. - 9
Case :- WRIT - C No. - 31985 of 2024
Petitioner :- Shah Mohammad Respondent :- Additional Commissioner Judicial And 21 Others Counsel for Petitioner :- Harsh Srivastava,Manish Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following prayer:-
"1. Issue a writ order or direction in the nature of mandamus directing to the Additional Commissioner Judicial (First) Varanasi Division Varanasi (Respondent no.1) to decide the Appeal no. 1309 of 2023 computer case no. (C202314000001309) Abbas Ali v. Shah Mohammad and others, under section 24(4) of U.P Revenue Code 2006. is pending before him expeditiously within stipulated period. So, justice may be done."
It is contended by learned counsel for petitioner that an appeal under Section 24(4) of U.P. Revenue Code, 2006 is pending consideration before respondent no. 1 since 2023.
As no useful purpose would be served in keeping the matter pending, the matter is being disposed of at this stage without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 1/Additional Commissioner Judicial (First) Varanasi Division Varanasi to decide the Appeal no. 1309 of 2023 computer case no. (C202314000001309) Abbas Ali v. Shah Mohammad and others, if there are no legal impediments and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of production of certified copy of this order.
With the aforesaid directions, writ petition stands disposed of.
It is made clear that the Court has not adjudicated upon the merits of the case.
Order Date :- 24.9.2024 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct the respondent to decide a pending appeal under Section 24(4) of U.P. Revenue Code, 2006 expeditiously.
Whether to dispose of the writ petition without notice when it serves no useful purpose for the matter to remain pending.
1 provisions across 1 enactments
Shah Mohammad
Additional Commissioner Judicial (First) Varanasi Division Varanasi
Rohit Ranjan Agarwal
Vidya Sagar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
