MAHENDAR PAL MISHRA v. STATE OF U.P. THRU. COLLECTOR, UNNAO AND OTHERS
A227/1511/2025 · 2025-03-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129237 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16026 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1511 of 2025 Petitioner :- Mahendar Pal Mishra Respondent :- State Of U.P. Thru. Collector, Unnao And Others Counsel for Petitioner :- Triloki Nath Yadav 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):-
"(1) issue an order or direction commanding the Sub-Divisional Officer(judicial) Tehsil Hasan Ganj District Unnao i.e. opposite party no. 2 to decide the case no.2936/2023 computerized no.T202310690402936 of the petitioner under section 24 of the U.P. revenue code 2006 filed on 27.12.2022 for conducting the demarcation of the khasara no 298/0.3160 hec. Situated at village Muhiuddinpur Pargana MohanTehsil Hasan Ganj Unnao case styled as Mahendar Pal Misra vs Gawn Sabha and others expeditiously in the interest of justice." 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 2022 and on account of pendency of the aforesaid case, petitioner, as stated, who is a very old person aged about 77 years, 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.2/Sub- Divisional Officer (judicial), Tehsil Hasan Ganj, District Unnao to consider and decide the Case No. 2936/2023, Computerized Case No. T202310690402936 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 :- 20.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench