Rajkali Vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

Rajkali Vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party no.2 to decide Appeal No.8960 of 2024 (Suresh Vs. Rajkali), pending before him, within six months from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned; notice to opposite party no.3 dispensed with.

Issue for consideration

Whether the Court should command and direct opposite party no.2 to decide pending Appeal No.8960 of 2024 (Suresh Vs. Rajkali), filed under Section 35(II) with Section 207 of U.P. Revenue Code, 2006, within a stipulated period (limited-prayer mandamus). +1 more

Court's answer

Writ petition disposed of with a direction to opposite party no.2 to decide Appeal No.8960 of 2024 (Suresh Vs. Rajkali), pending before him, within six months from the date of receipt of a certified copy of the order, in accordance with law, after hearing all parties concerned.

Ratio / Principle

Adopting the legal position submitted by petitioner's counsel and not disputed by the learned Additional Chief Standing Counsel or counsel for the Gram Sabha, the appellate or revisional court shall endeavour to finally decide the appeal or revision within six months from the date of filing, and if not decided within that period, the reason shall be recorded (Rule 183(4), U.P. Revenue Code Rules, 2016).

Key takeaways

In view of the order proposed to be passed, issuance of notice to opposite party no.3 was dispensed with.ratio¶¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 34) — Single Judge: Brij Raj Singh, J. — WRIT - C No. 40295 of 2024 — Rajkali (petitioner) v. State of U.P. and 2 others (respondents) — Order dated 22.1.2025 — Neutral Citation 2025:AHC:11379. Limited-prayer writ of mandamus: petitioner sought a direction to opposite party no.2 to decide pending Appeal No.8960 of 2024 (Suresh Vs. Rajkali), instituted under Section 35(II) with Section 207 of U.P. Revenue Code, 2006. The Court took Rule 183(4) of the U.P. Revenue Code Rules, 2016 as the governing position (appellate/revisional court to endeavour to finally decide an appeal or revision within six months from the date of filing, failing which reasons to be recorded) — a position undisputed by the Additional Chief Standing Counsel and counsel for the Gram Sabha — and disposed of the petition by directing opposite party no.2 to decide the appeal within six months from receipt of a certified copy of the order, in accordance with law, after hearing all parties concerned. Notice to opposite party no.3 was dispensed with in view of the order proposed. No precedent case engaged; no monetary quantum involved.

Neutral Citation No. - 2025:AHC:11379

Court No. - 34

Case :- WRIT - C No. - 40295 of 2024

Petitioner :- Rajkali Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rahul Singh,Rakesh Kumar Counsel for Respondent :- C.S.C.

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the Stateopposite parties no.1 and 2.

In view of the order proposed to be passed, issuance of notice to opposite party no.3 is dispensed with.

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 Appeal No.8960 of 2024, Suresh Vs. Rajkali, under Section 35(II) with Section 207 of U.P. Revenue Code, 2006, within a stipulated period.

Learned counsel for the petitioner submits that the power of appellate and revisional court to decide the appeal or revision is to be exercised in the manner prescribed by Rule 183(4) of the U.P. Revenue Code Rules, 2016, which reads as under:-

" 183. Power of appellate and revisional Court (Sections 207, 208 and 210).

(1) x x x x x

(2) x x x x x

(3) x x x x x

(4) The appellate or the revisional court shall, endeavor 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."

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

Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid case (appeal) pending before him within a period of six months from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned.

Order Date :- 22.1.2025 Atul

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