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2025 DAILYLAW 128306 (ALL)

SAMAR BAHADUR PASWAN v. DISTRICT MAGISTRATE AMETHI DISTRICT AMETHI AND 3 OTHERS

A227/1403/2025 · 2025-03-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15761 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1403 of 2025 Petitioner :- Samar Bahadur Paswan Respondent :- District Magistrate Amethi District Amethi And 3 Others Counsel for Petitioner :- Rakesh Kumar Nayak,Pavan Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "To direct the learned District Magistrate, Amethi, District Amethi to decide the Appeal bearing No.1134/2024 "Samar Bahadur Paswan Vs. Virendra Verma & others" in Under Rule 59 U.P. Revenue Code Rules 2016 as well as Under Section 233(2) U.P. Revenue Code 2006, which is pending since 18.12.2024 before learned District Magistrate, Amethi, District Amethi, expeditiously as early as possible." Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the appeal is pending since December, 2024 and on account of pendency of the same, the petitioner is suffering great hardship, this Court is of the view that no gainful purpose will be served in keeping the present petition pending. In view of above, this petition is disposed of with a direction to the respondent No.1 to consider and decide the Appeal bearing No.1134/2024 (Samar Bahadur Paswan Vs. Virendra Verma & others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard. 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. Order Date :- 18.3.2025 Arun/Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench