Sukhnandan v. State of U.P & Anr.

It has been informed by the office bearers of the High Court Bar Association, Allahabad that the lawyers are abstaining from judicial work today.

Heard learned Additional Chief Standing Counsel for the State-respondent nos.1 & 2 and perused the record.

The instant writ petition has been filed, inter alia, for the following relief: "(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Case No. RST/01672 of 2019 (Computer Case No. T201916670601672) (Malta versus Sukhnandan) under Section 41 of U.P. Land Revenue Act, 1901, Village Dubepur Pargana Bhadohi, Tehsil Aurai, District Bhadohi pending before him since 2008. (ii) ..................... (iii) ...................."

From perusal of record, it is evident that the case under Section 41 of U.P. Land Revenue Act, 1901, is pending for disposal since long before the respondent no.2, but till date the same has yet not been decided.

Para 479 of the Revenue Court Manual provides as under: "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. "

Since, 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.

Learned Additional Chief Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.

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.

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 Up Ziladhikari, Tehsil Aurai, District Bhadohi (respondent No.2), to decide the aforesaid restoration application Case No. RST/01672 of 2019, Computerized Case No. T201916670601672, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three 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 be granted to either of the parties.