Neutral Citation No. - 2023:AHC:136159

Court No. - 49

Case :- WRIT - B No. - 1893 of 2023

Petitioner :- Medi Lal And 6 Others

Respondent :- Board Of Revenue U.P. At Allahabad And 4 Others

Counsel for Petitioner :- Brij Raj Singh

Counsel for Respondent :- C.S.C.,Azad Rai,Dileep Kumar Srivastava

Hon'ble Syed Qamar Hasan Rizvi,J.

1. Supplementary affidavit, filed today by the petitioners, is taken on record.

2. Heard Sri Brij Raj Singh, learned counsel for the petitioners, Sri Dinesh Kumar

Verma, learned Standing Counsel representing the respondent nos. 4 & 5, Sri

Veerendra Prasad Maurya, Advocate holding brief of Sri Azad Rai, learned counsel

for the respondent no.3-Gaon Sabha and perused the record.

3. 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.1-

Board of Revenue, U.P. at Allahabad to decide the Review Petition No. 01 of 1998-99 filed by the

petitioner in Second Appeal No. 18 of 1995-96 (Ram Jiyawan versus Medi Lal and others)

pending before the respondent no.1-Board of Revenue, U.P. at Allahabad, within stipulated time

as may be directed by this Hon'ble Court.

(ii) .....................

(iii) ...................."

4. Learned counsel for the petitioners submits that a review application bearing No.

01 of 1998-99 is pending before the learned Board of Revenue, U.P. at Allahabad-

respondent no.1 since 1998. He further submits that although the said review

application was dismissed in default but subsequently vide order dated 06.08.202,

the same has been restored to its original number and since then the same is

pending for disposal.

5. 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 case within

stipulated period as to be fixed by this Court.

6. In view of the nature of the proposed order to be passed, the service of notice

upon the respondent no. 2 is dispensed with.

7. 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, this Court deems it appropriate to finally dispose of the

present writ petition with a direction to the learned Board of Revenue, U.P. at

Allahabad (respondent No. 1), where the aforementioned matter is pending for

disposal, to decide the review application bearing No. 01 of 1998-99 in accordance

with law, by a reasoned and speaking order 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 without granting

unnecessary adjournments to either of the parties, if there is no other legal

impediment.

8. It is made clear that the learned Board of Revenue concerned shall decide the

case on its merit and this order shall not come in the way of such decisions to be

taken on the basis of the merit of the case.

9. With the aforesaid direction, the present writ petition is disposed of.

Order Date :- 11.7.2023

Abhishek Gupta

Digitally signed by :-

ABHISHEK GUPTA

High Court of Judicature at Allahabad