Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 131113 (ALL)

DULARE @ RAM DULARE v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS

A227/2096/2025 · 2025-04-15

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:20912 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2096 of 2025 Petitioner :- Dulare @ Ram Dulare Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Petitioner :- Ratnesh Mohan Tiwari,Madhavendra Nath Misra,Pankaj Chaudhary,Shailendra Kumar Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Learned counsel for the petitioner prays for and is permitted to make impleadment in the array of parties during course of the day. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos.1 to 3 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 a order or direction Court of Additional Divisional Commissioner Second (Devipatan Mandal), Gonda to decide the Appeal number 261/2023, CNR- C202308000000561 "Babar and Others Versus Ramdulare and Others" filed on dated 15.04.2023, under section 210 of Uttar Pradesh Land Revenue Act, pending since 15.04.2023 expeditiously within stipulated period of time, as directed by this Hon'ble Court. II. Issue an order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case." 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 within six months, however, in the instant case, the revision is pending since April, 2023 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.2/Divisional Commissioner, Devipatan Mandal, Gonda to consider and decide the Appeal No.261/2023, CNR-C202308000000561 (Babar and Others Versus Ramdulare and Others), 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 :- 15.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench