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Allahabad High Court

SITA RAMversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The Additional District Magistrate is directed to decide the proceedings of Case No. 3642 of 2024 strictly in accordance with Section 38(2) of the U.P. Revenue Code, 2006 and Rule 36(6) of the U.P. Revenue Code Rules, 2016.

Summary

Petitioner Sita Ram filed a writ petition seeking a direction to the Additional District Magistrate (Finance & Revenue, Azamgarh) to decide the pending revenue case No. 3642 of 2024 within the time frame prescribed under Section 38(2) of the U.P. Revenue Code, 2006. The State and the Gaon Sabha argued that the petition served no useful purpose. The court, with the consent of the parties, disposed of the petition and ordered the magistrate to decide the case strictly in accordance with Rule 36(6) of the U.P. Revenue Code Rules, 2016. The petitioner was directed to communicate a certified copy of the order to the respondent by 9 October 2026. The order was signed by Justice Satya Veer Singh.

Issues considered

  • Whether the Additional District Magistrate must decide the revenue case No. 3642 of 2024 within the time frame fixed by Section 38(2) of the U.P. Revenue Code, 2006.

Legislation cited

Subjects

  • writ petition
  • U.P. Revenue Code
  • Section 38
  • Rule 36
  • administrative law
  • time frame

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 28311 of 2026

                                    Sita Ram
                                                                                                 .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 7 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)         : Kirt Raj Yadav
                                    Counsel for Respondent(s)         : C.S.C., Rameshwar Prasad Shukla

                                    Court No. - 37
                                                      HON'BLE SATYA VEER SINGH, J.

                                    1. Heard Mr. Kirt Raj Yadav, learned advocate for petitioner, Mr. Mridul
                                    Kumar, learned advocate, Standing Counsel for State and Mr. Rameshwar
                                    Prasad Shukla, learned advocate for respondent no. 3 (the Gaon Sabha).

                                    2. Present writ petition has been filed with prayer to direct the respondent
                                    no. 2 (Additional District Magistrate (Finance & Revenue, Azamgarh) to
                                    decide the proceedings of Case no. 3642 of 2024 (Sabhajeet and others vs.
                                    State of U.P. and others) computerized Case no. D-202415060003642
                                    under Section 38 (2) of U.P. Revenue Code, 2006 within time frame fixed
                                    by this Court.

                                    3. Learned Standing Counsel as well as learned advocate for respondent
                                    no. 3 submit that no useful purpose would be served in keeping the writ
                                    petition pending.

                                    4. On consent, the present writ petition is disposed of with direction to
                                    respondent no. 2 (Additional District Magistrate (Finance & Revenue,
                                    Azamgarh) to decide the proceedings of Case no. 3642 of 2024 (Sabhajeet
                                    and others vs. State of U.P. and others) computerized Case no. D-
                                    202415060003642 under Section 38 (2) of U.P. Revenue Code, 2006
                                    strictly in accordance with the provisions of Rule 36 (6) of the U.P.
                                    Revenue Code Rules, 2016. Petitioner will communicate certified copy of
                                    this order to said respondent by 9th October, 2026.




                                                                                           (Satya Veer Singh,J.)
                                    September 30, 2026
                                    Jaswant




Digitally signed by :-
JASWANT KUMAR
High Court of Judicature at Allahabad


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