RAMNAIN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND 8 OTHERS
A227/1576/2025 · 2025-03-25
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129777 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17032 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1576 of 2025 Petitioner :- Ramnain Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And 8 Others Counsel for Petitioner :- Raj Priya Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh 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 petition has been filed for the following main relief:-
"i. Issue an order or direction to the opposite parties particularly opposite party no. 3 i.e. Sub Divisional Officer, Akbarpur, District- Ambedkar Nagar to decide the Case No. 6059/2021, computerized Case No. T202104040106059 "Ramnain and others Vs State of U.P. and others" filed by petitioner on 25.11.2021 under section 144 of U.P. Revenue Code, 2006 pending before the Sub Divisional Officer, Akbarpur, District- Ambedkar Nagar, expeditiously say within a time period as prescribed by this Hon'ble Court in the interest of Justice." 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 2021 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.
An affidavit of undertaking indicating therein that the petitioners would not take any adjournment in case and would appear on each dates, would be filed before the authority concerned. 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 :- 25.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench