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2025 DAILYLAW 130853 (ALL)

DINESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LUCKNOW AND 5 OTHERS

WRIC/3036/2025 · 2025-04-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18384 Court No. - 7 Case :- WRIT - C No. - 3036 of 2025 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lucknow And 5 Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned Counsel for the petitioners, Shri Hemant Kumar Pandey, learned State Counsel and Sri Pankaj Gupta, learned Counsel for the Gaon Sabha. Present petition has been filed seeking following main relief -- "Issue writ order or direction in the nature of certiorari for quashing the impugned order dated 27.01.2025 passed by the learned opposite party No.2 in Case No.00392/2019 (Dinesh Kumar Vs. Alok Kumar Dwivedi & others) under section 210 of Uttar Pradesh Revenue Code, 2006, CNR No. C201908000 000392 as well as order dated 25.02.2019 passed by Assistant Sub Divisional Officer-II, Gonda i.e. opposite party No.3 in Case No. 20160830046654 (Alok Kumar Vs. Dinesh Kumar & others) under section 116 of U.P. Revenue Code, contained as Annexure No.1&2 to this writ petition, in the interest of justice." On being confronted, learned counsel for the petitioner stated that the justice would suffice if the present petition is disposed of, without interfering in the impugned order(s), with direction to the respondent no.3/Assistant Sub-Divisional Officer-II, Gonda, to conclude the proceedings within a statutory period, as in terms of statutory period, the proceedings should be concluded within a period of six months, as indicated under Rule 109(10) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 (in short "Code of 2006"), in view of the fact that the suit under Section 116 of Code of 2006 was instituted way back in the year 2018 and is not proceedings in the manner it should be. Taking note of the period of pendency of the suit as also the relevant provision, indicated above, the the present petition is disposed of, without interfering in the impugned order(s) with a direction to the respondent No.3 to conclude the proceedings of Case No. 20160830046654 (Alok Kumar Vs. Dinesh Kumar & others), quoted above, within a maximum period of six months from the next date fixed in the case. 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. Order Date :- 2.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench