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2025 DAILYLAW 129803 (ALL)

SHYAM LAL AND 2 OTHERS v. SMT. SHASHI JAISWAL AND ANOTHER

A227/1574/2025 · 2025-03-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17041 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1574 of 2025 Petitioner :- Shyam Lal And 2 Others Respondent :- Smt. Shashi Jaiswal And Another Counsel for Petitioner :- Swatantra Lata Yadav Hon'ble Saurabh Lavania,J. Heard. 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 of appropriate nature commanding the Court of Learned Settlement Officer, Consolidation, Judicial, Mandal Ayoudhya, Tehsil Nawabganj, District Barabanki to decide the Appeal No.0015 of 2022, computerized Case No. 2022540412000015 (Shyam Lal & Others V/s Smt. Shashi Jaiswal), U/s 11(1) of U.P. Consolidation of Holding Act, 1953, pending before the Court of Learned Settlement Officer, Consolidation, Judicial, Mandal Ayoudhya, Tehsil Nawabganj, District Barabanki, within the time frame stipulated by this Hon'ble Court, in the interest of justice." Considering the facts as stated, particularly the period of pendency of the appeal, which appears to be pending since 2022, this petition is disposed of with direction to authority concerned, to consider and decide the pending appeal in issue, quoted in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of six months from the next date fixed before it, 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 :- 25.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench