The case is called out.
The present writ petition under Article 227 of the Constitution of India has been moved on behalf of the petitioner for a direction to the opposite party no.1 for expeditious disposal of the revision pending before it.
Copy of the petition is received in the office of C.S.C. Learned A.C.S.C. is present to respond the petition.
This is a matter where the petitioner himself alongwith the opposite party no.7, his mother are opposite party in the said revision. Rest of the opposite party nos.2 to 6 are private opposite parties, as revisionist having their substitution in place of their predecessor in title, the original revisionist.
In view of the proposed order there is no need to issue notice to private opposite parties as such service of notice is dispensed with.
Learned counsel submitted that revision no.1040 of 2013-14 (Shiv Poojan Vs. Shiv Shankar & Ors.) is pending before the opposite party no.1 and since date of filing and admission, for hearing the revision is running by fixing general dates, without any effective order of hearing, though it is being listed before the court concerned for final hearing. Annexure-4 to the petition, which is computerized statement of case and event before opposite party no.1 shows all dates mentioned therein fixed for final hearing.
In para-19 of the writ petition the learned counsel has mentioned the dates within a span of 2014 to 30.10.2019 which is supported with affidavit that no hearing is being done and the revision is pending as such as it was on the date of admission.
In view of the above, keeping the lis alive between the parties to the revision where only a short question is to be decided, as to whether the court below have passed the order illegally or irregularly or beyond their jurisdiction or without exercising their jurisdiction legally vested arbitrarily. It seems unjustified on the part of the opposite party no.1 to keep pending the revision for such a long period.
Learned A.C.S.C. would have no objection if any such direction is issued to the opposite party no.1, the Board of Revenue to decide the revision pending before it expeditiously.
In view of the above, without commenting on merit of the revision pending before it, the Board of Revenue is directed to decide the revision No.1040 of 2013-14 (Shiv Poojan Vs. Shiv Shankar & Ors.) if there is no any procedural impediment or obstruction in proceeding ahead within a reasonable period, not beyond 90 days from the date of certified copy of the order placed before it.
With the aforesaid, the writ petition is disposed of.
Order Date :- 18.12.2019 Gaurav/-