Disposed

Meena v. State of U.P. and 9 Others

Allahabad HC22 Apr 2025WRIC/12297/2025

Case brief

AI extract

What is this about?

Writ petition seeking a mandamus for expeditious disposal of a long-pending revenue revision under Section 219 of the U.P. Land Revenue Act. The court, noting Rule 183(4)'s six-month mandate and counsel's consent, disposed of the petition directing decision within six months.

What the court decided

AI extract

Meena Vs State of U.P. and 9 Others — Land Acquisition | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:61995

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Court No. - 34

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Case :- WRIT - C No. - 12297 of 2025

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Petitioner :- Meena Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Pramod Kumar Pandey, learned counsel for the petitioner, Sri Dhananjai Singh, learned Standing Counsel representing the respondent Nos. 1 & 2 and Shri Sudhir Bharti, learned counsel for the Gaon Sabha-respondent No. 7, 8 and 9 and perused the record.

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

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"(i) To, issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2-Additional Commissioner (Administration Second) Division Gorakhpur to decide the Revision No. 450/451/2002-03 (Ganga vs. Meena and others) under Section 219 U.P. Land Revenue Act and its Computerized Case No C-2003050000878 (Annexure No. 1 to this writ petition) filed by the respondent No. 3 is pending before him within a stipulated period preferably within a period of six months."

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Learned counsel for the petitioner submits that the petitioner is the opposite party in the pending revision No. 450/451/2002-03 (Ganga vs. Meena and others) under Section 219 U.P. Land Revenue Act, Computerized Case No C-2003050000878. He submits that said revision is pending since 2023 and due to the pendency of the same the petitioner is suffering undue hardship.

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Rule 183 (4) of the U.P. Revenue Code Rules, 2016 provides as under:

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" 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 if 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. 3 to 6 and 11 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 (Administration Second), Gorakhpur Division Gorakhpur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the revision No. 450/451/2002-03 (Ganga vs. Meena and others) under Section 219 U.P. Land Revenue Act, Computerized Case No C- 2003050000878, strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably 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 will be granted to either of the parties and any adjournment, if prayed for, may 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 :- 23.4.2025 Sumaira

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Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad

Meena v. State of U.P. and 9 Others

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Meena v. State of U.P. and 9 Others

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