DAYAVATI v. SUB DIVISIONAL OFFICER (JUDUCIAL), TAHSIL LAMBHUA, SULTANPUR AND OTHERS
A227/996/2025 · 2025-02-21
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125022 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125022 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11406 Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 996 of 2025 Petitioner :- Dayavati Respondent :- Sub Divisional Officer (Juducial), Tahsil Lambhua, Sultanpur And Others Counsel for Petitioner :- Vivekanand Misra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Vivekanand Misra, learned counsel for the petitioner, Sri Yogesh Kumar Awasthi, learned Standing Counsel representing the State-respondent no.1 and Shri Mohan Singh, learned Standing Counsel for Gram Panchayat- respondent no.2 and perused the record. 2. The present writ petition has been filed, inter-alia, for the following reliefs:
"(I) issue a suitable direction thereby commanding/ directing the opposite party no.1 to decide the pending Case No. T 202504680300908
"Dayawati Vs. Ram Murat and others" filed under Section 24 of U.P. Revenue Code 2006, pending before the court of Sub Divisional Officer (Judicial) Tahsil- Lambhua, District Sultanpur, date fixed as 19.02.2024, expeditiously within stipulate period as early as possible, in the interest of justice. (II) issue any other order or direction which this Hon'ble Court may deem fit, just and proper may also be passed."
3. Learned counsel for the petitioner submits that the petitioner is a recorded tenure holder (co-sharer) of Gata Nos.766/0.0690 Hectare, 484/0.0630 Hectare, 1175/0.0190 Hectare, 1450/0.1010 Hectare, 1452/0.1200 Hectare, 1453/0.2020 Hectare, 1173K/0.0330 Hectare and 1449K/0.0510 Hectare situated at village Kenaura, Pargana Miranpur, Tehsil Lambhua, District Sultanpur along with other co-tenure holders. He further submits that due to rains the boundaries of the aforesaid gatas have been destroyed but the co-sharer of the aforesaid Gatas are not ready to repairs their boundaries as such the petitioner has filed a demarcation suit on 09.05.2023 under Section 24 of the U.P. Revenue Code, 2006 before the opposite party no.1, which has been registered as Case No. T202504680300908 "Dayawati Vs. Ram Murat and others", The said case is pending before the court of Sub Divisional Officer (Judicial), Tahsil- Lambhua, District Sultanpur. He
submits that the opposite party no.1 /Sub Divisional Officer (Judicial), Tahsil- Lambhua, District Sultanpur may be directed to decide the pending Case No. T202504680300908 that is lying pending for disposal since 09.05.2023. 6. Sub Rule (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under:
"(3). Evey proceeding under this section shall, as far as possible, be concluded by the Sub- Divisional Officer within (three months) from the date of the application."
7.
There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 8. 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. 9. Taking into consideration the relief sought in the present writ petition, the service of notice upon the respondent nos. 3 to 12 is dispensed with. 10. 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. 11. 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), Tahsil- Lambhua, District Sultanpur (respondent No. 1), before whom the aforementioned matter is pending for disposal, to decide the Case No.T202504680300908 (Dayawati Vs. Ram Murat and others), strictly in accordance with law, by a reasoned order on merit after affording due opportunity to the parties concerned, within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. 12. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 21.2.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench