MAHESH BIHARI @ MAHESH v. SUB DIVISIONAL MAGISTRATE, TEHSHIL SIDHAULI, SITAPUR AND OTHERS
A227/1536/2025 · 2025-03-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125459 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125459 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16631 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1536 of 2025 Petitioner :- Mahesh Bihari @ Mahesh Respondent :- Sub Divisional Magistrate, Tehshil Sidhauli, Sitapur And Others Counsel for Petitioner :- Ajit Ranjan,Pradeep Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record. In view of order proposed to be passed, issuance of notice to the private-respondent(s), if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"(i) ISSUE a necessary order direction in nature of commanding the opposite party no.1 to decide the Application Case No.451/ T202110640500892 for Recall of Order dated 30.10.2023 in Case No.00892 of 2021 as well as Restoration of Case No.00892 of 2021 styled as (Hemnath Vs Mahesh and other) Under Section- 176 U.P Z.A & L.R. Act 1950, pending before the L.d Court of "Sub Divisional Magistrate, Tehshil- Sidhauli, District- Sitapur, Uttar Pradesh" within a specified period as provided under Rule of 109 (10) of Uttar Pradesh Revenue Code Rules 2016. As well as restrain opposite party no.2 to 5 for disposes petitioner from his land till the Application Case No. 451/ T202110640500892 is pending." Taking note of the facts of the case as appears from the record including that the suit filed in the month of March, 2015 under Section 176 of U.P. Z.A. & L.R. Act, 1950, was finally decided on 30th October, 2023 and in relation to the said order the application in issue is pending consideration since 06.03.2024, the present petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate, Tehsil-Sidhauli, District Sitapur to consider and conclude the proceedings within three months after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 24.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench