SANDEEP KUMAR GAUTAM v. STATE OF U.P. THRU. COLLECTOR, HARDOI AND OTHERS
A227/1519/2025 · 2025-03-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129341 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16341 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1519 of 2025 Petitioner :- Sandeep Kumar Gautam Respondent :- State Of U.P. Thru. Collector, Hardoi And Others Counsel for Petitioner :- Piyush Mishra,Ashutosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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 present application has been filed for the following main relief:-
"(i) direct the Sub Divisional Magistrate/Sub Divisional Officer, Tehsil Sandeela, District- Hardoi i.e. respondent No.2 to decide the case No. 13528/2023, Sandeep Kumar Gautam vs. Smt. Lajjawati and others, under Section 134 of U.P. Revenue Code, 2006 filed by the petitioner on 30.10.2023 which is pending before him, within stipulated time period. (ii) direct the respondent No.2 to ensure removal of illegal encroachment/possession over the Gata No. 1377/0.0500 Hectare situated at Village, Bantala Kheda, Majra Bada Gaon, Post- Bada Gaon, Pargana and Tehsil Sandeela, District Hardoi, made by the private respondents without having any title and authority." It is stated that as per para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2023 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the aforesaid, the instant petition is disposed of with a direction to the Authority concerned to decide the pending suit within one year from the next date fixed in the case, if there is no other legal impediment in this regard after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided.
It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid observations, the petition is disposed of. Order Date :- 21.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench