Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129453 (ALL)

DEVI SHARAN AND ANOTHER v. COURT UP ZILA ADHIKARI, KUNDA, PRATAPGARH AND OTHERS

A227/1549/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:16696 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1549 of 2025 Petitioner :- Devi Sharan And Another Respondent :- Court Up Zila Adhikari, Kunda, Pratapgarh And Others Counsel for Petitioner :- Priyam Mishra,Sadanand Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State/opposite party No.1 as well as Shri Pankaj Gupta, learned Counsel for the Gaon Sabha/opposite party No.6 and perused the record. In view of order proposed to be passed, issuance of notice to the private- opposite parties is hereby dispensed with. By means of this petition, the petitioner seeks following main relief:- "(1) Direct the Court Up Zila Adhikari, Kunda District - Pratapgarh (opposite party no.1) to decide the case no. 2445/2021 and computerized case no. (T202502570100321)" Devi Sharan and Kusum Balika Vidyalaya Ghyanpeeth Bahorikpur through Manager Aseem versus Ramakant and others)" Under Section 24 U.P. Revenue Code 2006 pending before the Court of Up Zila Adhikari, Kunda District- Pratapgarh within a period as fixed by this Hon'ble Court, 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 March, 2021 and on account of pendency of the aforesaid case, petitioners, as stated, are 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.1/Up Zila Adhikari, Kunda, District - Pratapgarh to consider and decide the case No. 2445/2021 and computerized case no. (T202502570100321)" Devi Sharan and Kusum Balika Vidyalaya Ghyanpeeth Bahorikpur, 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 :- 24.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench