Disposed¶6

Kapil Dev v. State of U.P. and 2 Others

Allahabad HC21 Jan 2025WRIC/40291/2024

Case brief

AI extract

What is this about?

Time-bound disposal of revenue case; mandamus; Section 32 U.P. Revenue Code, 2006; Para-479 U.P. Revenue Court Manual; ninety-day limit for concluding proceedings; three-month direction to opposite party no.2; writ disposed; Basti/Harraiya; Gram Sabha as opposite party no.3; neutral citation 2025:AHC:11404; decided 22.1.2025.

What did the court decide?

Direction to opposite party no.2 to decide Case No.299 of 2024 within three months 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. ¶6

Kapil Dev Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:11404

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Court No. - 34

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Case :- WRIT - C No. - 40291 of 2024

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Petitioner :- Kapil Dev Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hanuman Deen Verma Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 and 2 and Sri Azad Rai, counsel for the Gram Sabha i.e. opposite party no.3.

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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 Case No.299 of 2024, Computerized Case No.D202417140000299, under Section 32 of U.P. Revenue Code, 2006, Kapil Dev and others Vs. State of U.P. and others, Village Mita Soti, Tappa Nawai, Pargana Nagar Paschim, Tehsil Harraiya, District Basti, within a stipulated period.

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Learned Counsel for the petitioner by inviting the attention of this Court towards Para-479 of the U.P. Revenue Court Manual submits that it is the bounden duty rather obligation on the concerned Officer/Magistrate to decide the case within the time framed in the Manual, otherwise the purpose of framing the Rules and the time schedule to decide a case would be frustrated. For the sake of convenience, Para-479 of U.P. Revenue Court Manual is extracted herein-below:-

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"479. Reason for delay in disposal- If the period for concluding a proceeding has not been fixed in the Code or the Rules; the court shall endeavour to conclude the proceeding within a period of ninety days and if the proceeding is not concluded within the aforesaid period, the reason for the same shall be recorded."

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Learned Additional Chief Standing Counsel does not dispute the aforesaid legal position.

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Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid case pending before him within a period of three months from the date of receipt of a

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certified copy of this order, in accordance with law, after hearing all parties concerned without prejudice to their rights.

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Order Date :- 22.1.2025 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Kapil Dev v. State of U.P. and 2 Others

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Kapil Dev v. State of U.P. and 2 Others

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