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  • Section 207 of U.P. Revenue Code, 2006,
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Smart Summary

Factual and Procedural Background

Kaushal Kishor filed Writ-C No. 25063 of 2023 before the High Court of Judicature at Allahabad seeking a mandamus directing respondent no. 2 to decide Case No. 415 of 2022, Computerized Case No. C202207000000415, titled Dayasagar Vs. Kaushal Kishor and others, under Section 207 of the U.P. Revenue Code, 2006, expeditiously. The writ petition was heard on 7 August 2023 and was disposed of by the Court.

Legal Issues Presented

  1. Whether respondent no. 2 should be directed to consider and decide the pending revenue case expeditiously and within a specified period.

Arguments of the Parties

Petitioner's Arguments

  • The petitioner's grievance would be sufficiently addressed if Case No. 415 of 2022 were considered and decided in a time-bound manner.

State-Respondents' Arguments

  • No useful purpose would be served by keeping the writ petition pending.
  • An appropriate direction could be issued to respondent no. 2 to consider the petitioner's grievance.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court considered the petitioner's request for expeditious disposal and the State's concession that the matter need not remain pending before the High Court. Without entering into the merits of the underlying case, and subject to there being no other legal impediment, the Court directed respondent no. 2 to consider and decide the specified case as expeditiously as possible.

The Court further required that all concerned parties be given a proper opportunity of hearing and indicated that the decision should preferably be made within eight months from the date on which a certified copy of the order is produced before respondent no. 2.

Holding and Implications

The writ petition was disposed of with a direction to respondent no. 2 to decide Case No. 415 of 2022, under Section 207 of the U.P. Revenue Code, 2006, preferably within eight months, after affording proper hearing to all concerned parties and subject to there being no legal impediment.

The order directly provides a time-bound procedural direction for consideration of the pending revenue case. The Court did not adjudicate the merits of that case, and no new precedent was set.

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    Kaushal Kishor v. State Of U.P. And 3 Others

    Neutral Citation No. - 2023:AHC:158976

    Court No. - 52

    Case :- WRIT - C No. - 25063 of 2023

    Petitioner :- Kaushal Kishor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Varun Kumar Mishra,Abhai Singh Yadav Counsel for Respondent :- C.S.C.

    Hon'ble Saurabh Srivastava,J.

    1. Heard Sri Varun Kumar Mishra, learned counsel for petitioner and learned Standing Counsel for the State-respondents no.1 to 3.

    2. Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondent no.2 to decide Case No.415 of 2022, Computerized Case No.C202207000000415 (Dayasagar Vs. Kaushal Kishor and others), under Section 207 of U.P. Revenue Code, 2006, expeditiously.

    3. Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case, the aforesaid matter is considered and decided in a time bound manner.

    4. Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.

    5. Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the respondent no.2 is hereby directed to consider and decide the Case No.415 of 2022, Computerized Case No.C202207000000415 (Dayasagar Vs. Kaushal Kishor and others), under Section 207 of U.P. Revenue Code, 2006, as expeditiously as possible, preferably within a period of eight months from the date a certified copy of this order is produced before him after affording proper opportunity of hearing to all the concerned parties.

    6. With the aforesaid directions, the writ petition is disposed of.

    Order Date :- 7.8.2023/Vivek Kr.

      1. 2023-08-09T09:50:36+0530
      2. High Court of Judicature at Allahabad

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    Kaushal Kishor v. State Of U.P. And 3 Others
    (Aug 7, 2023)