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2025 DAILYLAW 129019 (ALL)

DINESH KUMAR SINGH AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY., DEPTT. OF REVENUE, LKO. AND OTHERS

A227/1506/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16709 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1506 of 2025 Petitioner :- Dinesh Kumar Singh And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. 1. Heard. 2. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. 3. The instant petition has been preferred seeking following main relief:- "I. Issue an order or direction, directing the Respondent No.2 to decide the Appeal No.3266 of 2023 (Sardar Singh and Another vs. Madhuri Singh and Others) and Appeal No.110 of 2024 (Sardar Singh and Another vs. Madhuri Singh and Others) expeditiously, within such reasonable time period which this Hon'ble Court may deem fit; II. Issue an order or direction, directing the Respondent No.5 not to raise construction or alienate the land and question i.e. Gata No.148 admeasuring 0.2310 hectare, situated at village Kapuripur, Pargana and Tehsil Salon, District Raebareli until final decision is taken by the Respondent No.2 in Appeal No.3266 of 2023 (Sardar Singh and Another vs. Madhuri Singh and Others) and Appeal No.110 of 2024 (Sardar Singh and Another vs. Madhuri Singh and Others)." 4. On being confronted, learned counsel for the petitioners confines his prayer no.1 only to the extent that a direction may be issued to the respondent no.2 to decide the Appeal No.3266 of 2023 within reasonable time with liberty to the petitioners to file separate petition in regard to Appeal No.110 of 2024, which is permitted. 5. Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, a revision or appeal should be decided preferably within six months, however, in the instant case, the appeal is pending since 2023 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony, this Court is of the view that no gainful purpose will be served in keeping the present petition pending. 6. In view of above, this petition is disposed of with a direction to the respondent No.2 to consider and decide the Appeal No.3266 of 2023 (Sardar Singh & Another Vs. Madhuri Singh & 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. 7. The interim application has not been disposed of till date as stated by learned counsel for the petitioners. 8. Accordingly, the Authority is further directed to dispose of the application most expeditiously after giving full opportunity to the parties. 9. 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 :- 24.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench