Smt Rani Devi v. State of Up and 5 Others

Allahabad HC23 Jan 2025WRIC/19502/2024

Case brief

AI extract

What is this about?

Speedy disposal of revenue suit; writ of mandamus; direction to decide pending suit within one year; Section 134 U.P. Revenue Code, 2006; Para-458(1) U.P. Revenue Court Manual; suit pending since 2022; notice to private opposite parties dispensed with; Allahabad High Court; WRIT - C No. 19502 of 2024; Smt Rani Devi v. State of U.P.; Suggan; Gaon Sabha; neutral citation 2025:AHC:11874.

What did the court decide?

Direction to opposite party no.2 to decide Suit No.2 of 2022 (New No. 5180 of 2022, Computerised Case No. T202202420405180), pending since 2022, within one year from the date of receipt of a certified copy of the order, in accordance with law, after hearing all parties concerned without prejudice to their rights. ¶¶11

Smt Rani Devi vs State of Up and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶11

Issue for consideration

Whether a writ in the nature of mandamus should issue commanding opposite party no.2 to decide Suit No.2 of 2022 (Smt. Rani Devi vs. Suggan and others, under Section 134, U.P. Revenue Code, 2006), pending since 2022, within a stipulated period, having regard to Para-458(1) of the U.P. Revenue Court Manual.

¶¶7

Court's answer

Invoking Para-458(1) of the U.P. Revenue Court Manual — which requires the court to endeavour to finally decide a suit within one year of its institution, a legal position not disputed by counsel for the State or the Gaon Sabha — the Court disposed of the writ petition with a direction to opposite party no.2 to decide Suit No.2 of 2022 within one year from the date of receipt of a certified copy of the order, in accordance with law, after hearing all parties concerned without prejudice to their rights.

¶¶11

Ratio / Principle

In view of the order proposed to be passed, issuance of notice to private opposite parties no.3 to 5 was dispensed with.

¶¶6

Detailed headnote1 paragraphs

Allahabad High Court (Brij Raj Singh, J.; neutral citation 2025:AHC:11874; order dated 23.1.2025) disposed of WRIT - C No. 19502 of 2024, Smt Rani Devi v. State of U.P. and 5 others, with a direction to opposite party no.2 to decide Suit No.2 of 2022 (New No. 5180 of 2022, Computerised Case No. T202202420405180), Smt. Rani Devi vs. Suggan and others, under Section 134 of the U.P. Revenue Code, 2006 — pending since 2022 — within one year from the date of receipt of a certified copy of the order, in accordance with law, after hearing all parties concerned without prejudice to their rights. The direction rests on Para-458(1) of the U.P. Revenue Court Manual (speedy disposal: the court shall endeavour to finally decide the suit within one year of institution and record reasons if it does not), a position not disputed by the State or the Gaon Sabha. Notice to private opposite parties no.3 to 5 was dispensed with.

¶1

Neutral Citation No. - 2025:AHC:11874

¶2

Court No. - 34

¶3

Case :- WRIT - C No. - 19502 of 2024 Petitioner :- Smt Rani Devi Respondent :- State Of Up And 5 Others Counsel for Petitioner :- S.K. Singh Vashisht Counsel for Respondent :- Azad Rai,C.S.C.

¶4

Hon'ble Brij Raj Singh,J.

¶5

Heard learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 and 2 and Shri Azad Rai, learned counsel for Gaon Sabha-respondent no.6.

¶6

.2. In view of the order proposed to be passed, issuance of notice to private opposite parties no.3 to 5 is dispensed with.

¶7

The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.2 to decide Suit No.2 of 2022, New No. 5180 of 2022 Computerised Case No.T202202420405180 (Smt. Rani Devi vs. Suggan and others under Section 134 of U.P. Revenue Code, 2006 within a stipulated period.

¶8

Learned counsel for the petitioner by inviting the attention of this Court towards Para-458(1) of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the court to make an endeavour to finally decide the suit within a period of one year from the date of filing the suit, but in spite of the aforesaid obligation, the suit has not yet been decided though it is pending from the year 2022. For the sake of convenience, Para-458 (1) of U.P. Revenue Court Manual is extracted herein-below:-

¶9

"458. Speedy Disposal.-- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the said suit and if the suit is not decided within the aforesaid period, the reason for the same shall be recorded."

¶10

Learned Additional Chief Standing Counsel and counsel for Gaon Sabha do not dispute the aforesaid legal position.

¶11

Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid Suit pending before him within a period of one year from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned without prejudice to their rights.

¶12

Order Date :- 23.1.2025 Pks

¶13

Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad

Smt Rani Devi v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

Smt Rani Devi v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Nandini Rawat Thru. Her Father Arjun vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others

Shivam Pathak and 4 Others vs State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Ramlali vs Bechu

Satendra Kumar vs State of U.P. and 2 Others

Nanhke and 3 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Yogendra Gaud vs State of U.P. and 7 Others