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2025 DAILYLAW 130898 (ALL)

SWAMINATH AND 2 OTHERS v. LD. ADDL. COMMISSIONER, AYODHYA (JUDICIAL), MANDAL, AYODHYA AND ANOTHER

A227/1871/2025 · 2025-04-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19144 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1871 of 2025 Petitioner :- Swaminath And 2 Others Respondent :- Ld. Addl. Commissioner, Ayodhya (Judicial), Mandal, Ayodhya And Another Counsel for Petitioner :- Sachin Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party No.1 and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondents is hereby dispensed with. By means of this petition, the petitioner seeks following main relief(s) :- "I. Issue an order or direction in the appropriate nature commanding the opposite party no.1 i.e. Additional Commissioner (Judicial) Ayodhya Mandal, Ayodhya to decide the recall application pending in Revision No.1840/2019 (new number- Revision No. RST/823/2024), (Santosh Kumar Singh V/s Swaminath and Others), pending before respondent no.1 i.e. Ld. Additional Commissioner, Ayodhya (Judicial), Mandal, Ayodhya, expeditiously within a stipulated time period as may deem fit by this Hon'ble Court." Taking note of Para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided within six months, however, in the instant case, the revision is pending since 2019 and on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.1/ Addl. Commissioner (Judicial), Ayodhya Division, Ayodhya to consider and decide the Revision No.1840/2019 (new number- Revision No. RST/823/2024) (Santosh Kumar Singh V/s Swaminath and Others), including the application for recall, expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either of the parties, 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 :- 5.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench