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2025 DAILYLAW 129338 (ALL)

SANWAL PRASAD v. RAKESH KUMAR AND OTHERS

A227/1706/2025 · 2025-05-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27122 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1706 of 2025 Petitioner :- Sanwal Prasad Respondent :- Rakesh Kumar And Others Counsel for Petitioner :- Ram Indar Gaur Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 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):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court, may kindly be pleased to direct the Learned Chief Revenu Officer, Tehsil Tarabganj, District Gonda to decide the case No.2430/2023, computerized case no. C202308300002430, under section 30 of The Uttar Pradesh Revenue Code, 2006 (Mata Prasad and another versus Rakesh Kumar and others), which is pending since 24.07.2023, within stipulated period, contained in annexure no. 1 to the petition, in the interest of justice." Taking note of Rule 36 (6) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006, as per which, the proceedings for correcting errors instituted under Section 30 of U.P. Revenue Code, 2006 should be concluded within 45 days, however, in the instant case, the proceedings of such nature are pending since 2023 and on account of pendency of the same, the 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 Chief Revenue Officer, Tahsil Tarabganj, District Gonda to consider and decide the Case No.2430/2023 (computerized Case No.C202308300002430) (Mata Prasad and another versus Rakesh Kumar and others), 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 maximum period of 45 days 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 :- 8.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench