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2025 DAILYLAW 129152 (ALL)

HARI RAM SINGH v. SUB DIVISIONAL MAGISTRATE, TEHSIL TARABGANJ, GONDA AND ANOTHER

A227/1505/2025 · 2025-03-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16034 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1505 of 2025 Petitioner :- Hari Ram Singh Respondent :- Sub Divisional Magistrate, Tehsil Tarabganj, Gonda And Another Counsel for Petitioner :- Deepak Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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(s):- "Direct the Sub Divisional Magistrate, Tehsil-Tarabganj, District Gonda to decide the application dated 03.08.2023 filed by petitioner in Case No. 10520, computerized Case No. T202108300610520 "Hari Ram Singh Versus Mohd. Lateef" under section 38(1) of U.P. Revenue Code 2006 pending before him since 2023 expeditiously within stipulated time as fixed by this Hon'ble Court as contained in Annexure No.11 to this petition." Considering the facts and circumstances of the case, period of pendency of the application in issue dated 03.08.2023 and the fact that the proceedings in issue are summary in nature and also that the petitioner is a senior citizen aged about 68 years, 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, Tehsil- Tarabganj, District- Gonda to consider and decide the application dated 03.08.2023 filed by petitioner in Case No. 10520, Computerized Case No. T202108300610520 (Hari Ram Singh Versus Mohd. Lateef) 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 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 :- 20.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench