Dismissed

Dhirendra Kumar Singh v. State of Up and 14 Others

Allahabad HC6 Nov 2024WRIC/36628/2024

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus directing the Sub Divisional Officer (Judicial), Basti Sadar, to decide two pending pending revenue cases under Section 116 of U.P. Revenue Code, 2006 within six months, citing the time-bound mandate of Rule 109.

What did the court decide?

Direction to SO (Judicial), Basti Sadar to decide pending revenue cases under Section 116 of U.P. Revenue Code, 2006 within six months with a reasoned order and hearing.

Dhirendra Kumar Singh vs State of Up and 14 Others — Land Acquisition | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:174096

¶2

Court No. - 51

¶3

Case :- WRIT - C No. - 36628 of 2024 Petitioner :- Dhirendra Kumar Singh Respondent :- State Of Up And 14 Others Counsel for Petitioner :- Shashi Prakash Misra Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta

¶4

Hon'ble Syed Qamar Hasan Rizvi,J.

¶5

Heard Sri Shashi Prakash Misra, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the State-respondents no.1 & 2, Sri Vinay Kumar Singh, Advocate holding brief of Sri Pankaj Kumar Gupta, learned counsel appearing on behalf of the Gaon Sabha / respondent no. 15 and perused the record.

¶6

The present writ petition has been filed, inter alia, for the following relief:

¶7

"(I) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2-Sub Divisional Officer (Judicial), Basti Sadar, Basti to decide the Case No. 11993 of 2021, computerized case No. T202117140311993 (Dharmnath & others Vs. Jai Prakash Singh & others) under Section 116 of U.P. Revenue Code, 2006 along with connected Case No. 7040/2022, computerized case No. T202217140307040 (Dhirendra Kumar Singh Vs. Dharmnath Singh & others) under Section 116 of U.P. Revenue Code, 2006 pending before him within stipulated time period."

¶8

Learned counsel for the petitioner submits that the proceedings of Case No. 11993 of 2021, computerized case No. T202117140311993 (Dharmnath & others Vs. Jai Prakash Singh & others) along with connected Case No. 7040/2022, computerized case No. T202217140307040 (Dhirendra Kumar Singh Vs. Dharmnath Singh & others), under Section 116 of U.P. Revenue Code, 2006 is pending for disposal before the Sub Divisional Officer (Judicial), Basti-Sadar, District-Basti / respondent No.2 but till date the proceeding has not been concluded.

¶9

Sub Rule (10) of Rule 109 of the U.P. Revenue Code Rules, 2016 provides as under:

¶10

"(10). The Sub-Divisional Officer shall make an endeavouor 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. "

¶11

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

¶12

recorded.

¶13

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.

¶14

In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 to 14 is dispensed with.

¶15

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.

¶16

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 Sub Divisional Officer (Judicial), Basti-Sadar, District-Basti / respondent No.2, before whom the aforementioned matter is pending for disposal, to decide the Case No. 11993 of 2021, computerized case No. T202117140311993 (Dharmnath & others Vs. Jai Prakash Singh & others) along with connected connected Case No. 7040/2022, computerized case No. T202217140307040 (Dhirendra Kumar Singh Vs. Dharmnath Singh & others) under Section 116 of U.P. Revenue Code, 2006, 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 maximum 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.

¶17

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

¶18

Order Date :- 6.11.2024 Arif

¶19

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

Dhirendra Kumar Singh v. State of Up and 14 Others

Case brief

What is this about?

What did the court decide?

Dhirendra Kumar Singh v. State of Up and 14 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mata Prasad and Another vs Bhagwat Prasad

Dharmendra Kumar vs State of Up and 3 Others

Uppal Chadha Hi-Tech Developers Pvt. Ltd. Thru. Mr. Ram Parvesh Tiwari vs Naveen Goel

Akash vs State of U.P. and 5 Others

Vimla Singh and Another vs Ram Lakhan and Others

U.P. Awas Evam Vikas Parishad Lko. Thru. Addl. Housing Comm. Neeraj Shukla vs Ajay Yadav