Sunil Dixit and 3 Others vs Addl Commissioner Agra Division and 13 Others

Neutral Citation No. - 2025:AHC:35480

Court No. - 37

Case :- WRIT - C No. - 4466 of 2025

Petitioner :- Sunil Dixit And 3 Others Respondent :- Addl Commissioner Agra Division And 13 Others Counsel for Petitioner :- Dinesh Tiwari Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Shri Dinesh Tiwari, learned counsel for the petitioners and Shri Shashi Kant Tiwari, learned Standing Counsel for the State-respondents No. 1, 2 and 3 and Shri Rohit Singh Parmar holding brief on behalf of Shri Avinash Chandra Srivastava, learned counsel for the Gram Sabha-respondent No. 4.

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Learned counsel for the petitioners has filed a supplementary affidavit dated 9.3.2025 in the Court today. The same is taken on record.

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By means of the present writ petition, the petitioner has prayed for the following reliefs:-

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"Issue a writ, direction or order in the nature of mandamus commanding the respondent No. 1 to decide the revision/case No. 1529 of 2022 (Computerized Case No. C202201000001529) (Suresh Chand vs. Gram Sabha and others) under Section 219 of Land Revenue Act against the order dated 13.5.2019 passed in Case No. 3/2011-12 (Computer Case No. D20190101003132) (Suresh Chand vs. Gram Sabha) under Section 28 of U.P. Land Revenue Act."

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The submission of learned counsel for the petitioners is that the revision having Case No. 1529 of 2022 (Computerized Case No. C202201000001529) (Suresh Chand vs. Gram Sabha and others) under Section 219 of Land Revenue Act against the order dated 13.5.2019 passed in Case No. 3/2011-12 (Computer Case No. D20190101003132) (Suresh Chand vs. Gram Sabha) under Section 28 of U.P. Land Revenue Act, is pending for disposal.

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He further submits that during the pendency of the aforesaid revision before the Additional Commissioner, Agra Division Agrarespondent No. 1, the father of the petitioners No. 1, 2 and 3, namely, Shri Suresh Chand died on 25.2.2023 and thereafter an application for substitution of the heirs and legal representatives of the deceased Suresh Chand was field on 9.5.2024 before the said Revisional Court which is also pending for orders.

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6. Para 458 of U.P. Revenue Court Manual provides as under:

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"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 suit and if the suit is not decided within the period aforesaid, the reason for the same shall be recorded.

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(2) 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 the 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 to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case and also the aforesaid application for substitution of the heirs and legal representatives of the deceased Suresh Chand that was field on 9.5.2024, within stipulated period as 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 No. 5 to 14 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 the Additional Commissioner, Agra Division, Agra (respondent No. 1), before whom the aforementioned revision is pending for disposal, to first decide the aforesaid pending application for substitution of the heirs and legal representatives of the deceased Suresh Chand, which was filed on 9.5.2024, and thereafter decide the revision/case No. 1529 of 2022 (Computerized Case No. C202201000001529) (Suresh Chand vs. Gram Sabha and others, 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

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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 :- 11.3.2025 Sumaira

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

Sunil Dixit and 3 Others v. Addl Commissioner Agra Division and 13 Others

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Sunil Dixit and 3 Others v. Addl Commissioner Agra Division and 13 Others

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