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2025 DAILYLAW 129059 (ALL)

SRIRAM v. District Magistrate, Balrampur, and 5 Others

A227/1473/2025 · 2025-03-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15741 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1473 of 2025 Petitioner :- Sriram Respondent :- District Magistrate, Balrampur, And 5 Others Counsel for Petitioner :- Sajjad Husain 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), if any, is hereby dispensed with. The instant petition has been preferred seeking following main reliefs:- "I. Issue an order or direction thereby protecting the lawful possession of the petitioner's house at Gata No.1040 Raqba 0.3D situated at Gram Shekhui Kala Paragana, Tehsil Balrampur District Balrampur in view of the order dt. 31.01.1986 passed by the Tehsildar Tehsil Balrampur in Case No. 11/140/361 U/s 115C of the UPZA & LR Act, 1950 as well as Section 67A of UP Revenue Code 2006, for securing the ends of justice. Copy of the Order dt.31.01.1986 is annexed herewith as Annexure No.1 to this petition. II. Issue an order or direction to SDM Tehsil Balrampur Sadar to decide the application dt.23.12.2024 U/s 67A UP Revenue Code 2006 R/w Rule 68 UP Revenue Code 2016 pending before the Sub-Divisional Magistrate Balrampur (Sadar) expeditiously within a stipulated time period as may be deemed proper in the interest of justice. Copy of the application dt.23.12.2024 is annexed herewith as Annexure No.2 to this petition." Taking note of the facts and circumstances of the case and also period of pendency of the application in issue as well as the fact that the petitioner is the senior citizen aged about 60 years, this petition is disposed of with a direction to the Authority concerned to consider and decide the application in issue most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party, say within a period of three 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. With the aforesaid, the petition is disposed of. Order Date :- 18.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench