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2025 DAILYLAW 124754 (ALL)

SHER BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO AND OTHERS

A227/990/2025 · 2025-02-21

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11300 Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 990 of 2025 Petitioner :- Sher Bahadur Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko And Others Counsel for Petitioner :- Amitesh Pratap Singh,Meera Jain Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Amitesh Pratap Singh, learned counsel for the petitioner, Sri Badrish Tripathi, learned Additional Chief Standing Counsel representing the State-respondents, Sri Mohan Singh, learned counsel for the Land Management Committee and perused the record. 2. The present writ petition has been filed, inter-alia, for the following relief: "(i) An appropriate order or direction commanding to the opposite party no. 2 the Sub-Divisional Officer (Judicial), Tehsil Bikapur, District- Ayodhya and opposite party no. 3 the Revenue Inspector, Tehsil-Bikapur, District Ayodhya to comply the order dated 11.11.2024 in respect of land in question Gata No. 1986 area 0.803 hectare, situated at village-Jana, Pargana-Pashchimrath, Tehsil-Bikapur, District-Ayodhya, contained as annexure no. 4 (ii) An appropriate order or direction commanding to the opposite party no. 2 the Sub Divisional Officer (Judicial), Tehsil-Bikapur, District- Ayodhya to decide the representation of the petitioner contained as annexure no. 5, which is pending before him within a stipulated time in the interest." 3. The submission of the learned counsel for the petitioner is that on the basis of report of the Revenue Inspector, Tehsil Bikapur, District-Ayodhya dated 01.01.2022 the case was registered as Case No. T202304230302257 (Sher Bahadur Vs. Mo. Vakeel & others), under Section 24 of the U.P. Revenue Code, 2006 and on the basis of the aforesaid report the Sub Divisional Officer (Judicial) Tehsil Bikapur, District-Ayodhya approved the said report and vide order dated 11.11.2024 passed a direction to the concerned Revenue Inspector to comply the said order and submit the demarcation report within 15 days. 4. The contention of the learned counsel for the petitioner is that despite a clear direction given by the Sub Divisional Officer concerned, the demarcation has yet not taken place. He further submits that for compliance of the aforesaid order he has preferred an application dated 18.01.2025 but till date no further proceedings have taken place. He further submits that due to non compliance of the order dated 11.11.2024, the petitioner is facing undue hardship. 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 order proposed to be passed, the service of notice upon the opposite party nos. 4 to 10 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. 8. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub-Divisional Officer (Judicial), Tehsil Bikapur, District- Ayodhya / opposite party no. 2, before whom the aforementioned matter is pending for disposal, to decide the Case No. T202304230302257 (Sher Bahadur Vs. Mohd. Vakeel & others), under Section 24 of the U.P. Revenue Code, 2006 strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of one month from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, may be allowed only in exceptional circumstances. 9. In case the lawyers do not co-operate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 21.2.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad, Lucknow Bench