A writ petition challenged delayed disposal of a case under Section 38(3) of U.P. Revenue Code, 2006. The High Court directed the Tehsildar to decide the matter expeditiously within three months by a reasoned order, citing statutory delay rules.
Direction to decide Computerized Case No. T202415090304595 within three months by a reasoned order.
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Neutral Citation No. - 2024:AHC:177643
Court No. - 51
Case :- WRIT - C No. - 37300 of 2024
Petitioner :- Amitabh And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Satish Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Syed Qamar Hasan Rizvi,J.
"(i) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent No.2 to decide the Computerized Case No. T202415090304595 (Shyam Narain vs. State), under Section 38(3) of U.P. Revenue Code, 2006, within stipulated period as directed by this Hon'ble Court.
(ii) .....................
(iii) ...................."
"............ (6) An endeavour shall be made to conclude the proceeding for
correction under section 38 within the period of 45 days from the date of receiving the application with the report and if the proceeding is not concluded within such period the reasons for the same shall be recorded. "
Order Date :- 12.11.2024 Abhishek Gupta
Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Court should direct the respondent to decide the pending computerized case under Section 38(3) of U.P. Revenue Code, 2006 within a stipulated period.
Whether the delay in concluding the proceedings under Section 38(3) justifies recording reasons under Rule 36(6) of U.P. Revenue Code Rules, 2016.
2 provisions across 2 enactments
Amitabh And Another
State Of Up
2 Others
Syed Qamar Hasan Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
