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2025 DAILYLAW 128873 (ALL)

SEEMA SINGH @ SEEMA SINGH RAWAT v. SUB DIVISIONAL MAGISTRATE, JUDICIAL (S.D.M.), MALIHABAD, LUCKNOW AND OTHERS

A227/1535/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16605 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1535 of 2025 Petitioner :- Seema Singh @ Seema Singh Rawat Respondent :- Sub Divisional Magistrate, Judicial (S.D.M.), Malihabad, Lucknow And Others Counsel for Petitioner :- Avinash Kumar Sharma 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/opposite party No.1 as well as Shri Dilip Kumar Pandey, learned Counsel for the Gaon Sabha/opposite party No.2 and perused the record. In view of order proposed to be passed, issuance of notice to the private-opposite parties is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Application No.1360 of 2024 (Computerized Case No.202410460101360) (Seema Singh Vs. Aarif and others), under Section 24 of Uttar Pradesh Revenue Code, 2006 (in short "Revenue Code"), which is pending before the Sub Divisional Magistrate (Judicial), Malihabad, Lucknow. Taking note of Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, as per which, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since March, 2014 and on account of pendency of the aforesaid case, petitioner, as stated, is suffering great hardship and mental agony, 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/Sub Divisional Magistrate (Judicial), Malihabad, Lucknow to consider and decide the Application No.1360 of 2024 (Computerized Case No.202410460101360) (Seema Singh Vs. Aarif and 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 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 :- 24.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench