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2021 Supreme(UK) 216
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
S.K.Mishra, J.
Bishan Dutt - Appellant
Versus
Commissioner Kumaun Mandal & Ors. - Respondents
Writ Petition (M/S) 2386 of 2021
Decided On : 16-11-2021
Akshay Latwal, Advocate, Devesh Ghildiyal, Advocate
The court emphasized the importance of expedited disposal of appeal cases under Section 210 of the Land Revenue Act, 1901, if cogent reasons exist.
Headnote:
Land Revenue Act - Direction for expedited disposal of Revenue Appeal
Fact of the Case:
The writ applicant sought a direction to expedite and conclude a Revenue Appeal under Section 210 of the Land Revenue Act, 1901.
Finding of the Court:
The court disposed of the writ petition with liberty to the petitioner to file an application for early disposal of the case before the learned Commissioner, with a direction for expedient disposal of the appeal case if cogent reasons exist, preferably within two months.
Issues: Expedited disposal of Revenue Appeal under Section 210 of the Land Revenue Act, 1901
Ratio Decidendi: The court emphasized the need for expedited disposal of the appeal case if cogent reasons exist, in accordance with Section 210 of the Land Revenue Act, 1901.
Final Decision: The writ petition was disposed of with a direction for expedient disposal of the appeal case if cogent reasons exist, preferably within two months.
JUDGMENT
S.K. Mishra, J. - Heard Mr. Akshay Latwal, learned counsel for the petitioner and Mr. Devesh Ghildiyal, learned counsel for the State.
2. The limited grievance of the writ applicant is a direction to the learned Commissioner, Kumaun Mandal, Nainital to expedite and conclude the Revenue Appeal No. 129 (2020-21) 63 of 2018-19, Bishan Dutt vs. Shri Hari Dutt & others. It has been filed under Section 210 of the Land Revenue Act, 1901.
3. Keeping in view the above submissions, the writ petition is disposed of with a liberty to the petitioner to file an appropriate application before the learned Commissioner, Kumaun Mandal, Nainital for early disposal of the case. In case, such an application is filed and the appeal has not been disposed of in the meantime, the learned Commissioner, Kumaun Mandal, Nainital shall consider the grievance of the petitioner for expedient disposal of the appeal case if the learned Commissioner finds a cogent reasons for taking of expedient disposal of the Revenue Appeal, he shall disposed of the same, after granting reasonable opportunities of hearing to the parties by speaking and reasoned order, preferably within two months of production of certified copy of this Order.
4. There shall be no order as to the costs.
5. Urgent certified copy of this order be granted on proper application.
