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2025 DAILYLAW 130287 (ALL)

RAMAPATI DUBEY v. THE COURT OF LEARNED ADDL. COMMISSIONER (JUDICIAL), AYODHYAY DIVISION, AYODHYA AND OTHERS

A227/1645/2025 · 2025-03-26

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17231 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1645 of 2025 Petitioner :- Ramapati Dubey Respondent :- The Court Of Learned Addl. Commissioner (Judicial), Ayodhyay Division, Ayodhya And Others Counsel for Petitioner :- Rajesh Kumar Dubey,Dinesh Kumar Upadhyay,Surendra Kumar Mishra 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 instant petition has been preferred seeking following main relief(s):- "(1) Direct to the Opposite Party No. 1 i.e. The court of Learned Additional Commissioner (Judicial) Ayodhya Division, Ayodhya to decide the Appeal/Case No. 2455 of 2024 bearing computerized case No. C202404000002455; Ram Sajeewan and others Vs. Ramapati and others, Under Section 24(4) of U.P. Revenue Code, 2006 which is pending before Opposite Party No. 1 since 27.09.2024 (contained in Annexure No.1 to this petition), in the interest of justice." Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided preferably within six months, however, in the instant case, the appeal is pending since September, 2024 and on account of pendency of the same, the petitioner, as stated, who is aged about 76 years, is suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.1/Additional Commissioner (Judicial) Ayodhya Division, Ayodhya to consider and decide the Appeal/Case No. 2455 of 2024, computerized case No. C202404000002455 (Ram Sajeewan and others Vs. Ramapati and 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 six months from the next date fixed in the case, 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 :- 26.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench