Disposed

Akash v. State of U.P. and 5 Others

Allahabad HC6 Nov 2024WRIC/36611/2024

Case brief

AI extract

What is this about?

This court directed the Additional Commissioner (Judicial) to decide a pending land revenue appeal under Section 331(3) of the U.P. Z.A. & L.R. Act, 1950, expeditiously within six months, citing mandatory time-bound disposal provisions and the absence of merit questions.

What did the court decide?

Direction to decide the appeal within six months; no unnecessary adjournments; reasoned order after hearing.

Akash vs State of U.P. and 5 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:174021

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Court No. - 51

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Case :- WRIT - C No. - 36611 of 2024 Petitioner :- Akash Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- Azad Rai,C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Sudhir Kumar, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the State-respondents no.1 & 2, Sri Azad Rai, learned counsel appearing on behalf of the Gaon Sabha / respondent no. 3 and perused the record.

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By means of the present writ petition the petitioner has prayed for a writ in the nature of mandamus directing the respondent no. 2 / Additional Commissioner (Judicial), Prayagraj Mandal, Prayagaj to decide the Appeal No. 1799 of 2023, Computer Case No. C202302000001799 (Siyanand Vs. Akash & others), under Section 331(3) of U.P.Z.A. & L.R. Act, 1950, but till date the said appeal has not been decided.

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Para 458 of U.P. Revenue Court Manual provides as under:

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"(2) The appellate or the revisional court shall endeavour to finally decide the 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 stipulated period of time as provided under the aforesaid provision, 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. 4 to 6 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 Additional Commissioner (Judicial), Prayagraj Mandal, Prayagaj / respondent No.2, before whom the aforementioned matter is pending for disposal, to decide the Appeal No. 1799 of 2023, Computer Case No. C202302000001799 (Siyanand Vs. Akash & others), under Section 331(3) of U.P.Z.A. & L.R. Act, 1950, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously 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 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 :- 6.11.2024 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Akash v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Akash v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

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