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2025 DAILYLAW 128528 (ALL)

NIRAJ KESHARWANI v. U.P. ZILADIKARI TEHSIL KUNDA DISTT. PRATAPGARH AND 16 OTHERS

A227/1407/2025 · 2025-03-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15723 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1407 of 2025 Petitioner :- Niraj Kesharwani Respondent :- U.P. Ziladikari Tehsil Kunda Distt. Pratapgarh And 16 Others Counsel for Petitioner :- Vijay Kumar,Meenu Verma,Vivek Kumar Counsel for Respondent :- C.S.C.,Pankaj Gupta 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 present petition has been filed for the following main reliefs:- "Wherefore it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the opposite party no. 1 to Registered the Case Under section 24 U.P. Revenue Code Act 2006 "Niraj Kesharwani Versus President, Land Management Committee Through its Pradhan Village - Majhilgaon, Pargana-Bihar, Tehsil - Kunda, District -Pratapgarh & others, and decide the same expeditiously in accordance with law. memo of case is being annexed as Annexure no. 1 to this petition." It is stated that as per Section 24(3) of the U.P. Revenue Code, 2006 the demarcation proceedings, being summary in nature, should be decided preferably within a period of three months, however, the application for demarcation has not been decided till date, which is pending since 2023 and on account of pendency of the aforesaid case, petitioner is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required. Prayer is to direct the opposite party no.1 to consider and decide the application for demarcation, within stipulated period of time. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No. 1/Up Ziladhikari, Tehsil Kunda, District Pratapgarh, to consider and decide the Case namely "Niraj Kesharwani Versus President, Land Management Committee Through its Pradhan Village - Majhilgaon, Pargana-Bihar, Tehsil - Kunda, District -Pratapgarh & others as per law, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this 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 :- 18.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench