CHANDRA PAL v. UP-ZILA ADHIKARI, KUNDA, PRATAPGARH AND 4 OTHERS
A227/1620/2025 · 2025-03-25
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129692 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16859 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1620 of 2025 Petitioner :- Chandra Pal Respondent :- Up-Zila Adhikari, Kunda, Pratapgarh And 4 Others Counsel for Petitioner :- Utkarsh Yadav 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/opposite party No.1 as well as Shri Pankaj Gupta, learned Counsel for the Gaon Sabha/opposite party No.5 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 :-
"I. Issue an order or direction to opposite party No.1 to decide expeditiously the Case No.T-202302570102678 Under Section 24 of The Uttar Pradesh Revenue Code, 2006 Chandra Pal versus Devta Deen & others on the earliest possible date, 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 May, 2023 and on account of pendency of the aforesaid case, 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 respondent No.1/Sub Divisional Magistrate, Kunda, Pratapgarh, to consider and decide the Case No.T-202302570102678, Under Section 24 of The Uttar Pradesh Revenue Code, 2006 "Chandra Pal versus Devta Deen & others", 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 :- 25.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench