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2025 DAILYLAW 131108 (ALL)

MOHD. ISHA v. ASLAM AND OTHERS

A227/1808/2025 · 2025-04-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18708 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1808 of 2025 Petitioner :- Mohd. Isha Respondent :- Aslam And Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Supplementary affidavit filed today, is taken on record. 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 reliefs:- "i. To issue an appropriate order or direction directing the learned Sub Divisional Officer Jaisinghpur District Sultanpur (i.e. the opposite party No. 4 to decide the Case No. T-202504680701958 Mohd. Isha Vs. Aslam & others under Section 24 of U.P. Revenue Code 2006 within stipulated time pending before him contained as Annexure No. 1 to the petition." It is stated that as per Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since December, 2024 and on account of pendency of the aforesaid case, petitioner is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No. 2 to consider and decide the Case No. T- 202504680701958 (Mohd. Isha Vs. Aslam & others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this 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 :- 4.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench