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2025 DAILYLAW 131292 (ALL)

DINESH KUMAR v. SUB DIVISINOAL MAGISTRATE, TEHSIL GONDA, GONDA AND OTHERS

A227/1998/2025 · 2025-04-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20170 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1998 of 2025 Petitioner :- Dinesh Kumar Respondent :- Sub Divisinoal Magistrate, Tehsil Gonda, Gonda And Others Counsel for Petitioner :- Himanshu Tiwari,Vedika Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. 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, seeking following main relief:- "(i) direct the Sub Divisional Magistrate, Tehsil- Gonda, District- Gonda (opposite party No.1) to decide the Case No.4151/2023/2025, Dinesh Kumar vs. Gaon Sabha and others (Computerized Case No. T202508300404151, under Section 24 U.P. Revenue Code, 2006, which are pending before him since 13.1.2023, expeditiously, within stipulated time period." Taking note of the fact that case in issue i.e. Case No. 4151/2023/2025, Computerized Case No. T202508300404151 (Dinesh Kumar vs. Gaon Sabha and others), was instituted under Section 24 of the Code of 2006 and 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 January 2023, the respondent No.-1 is directed to consider and decide the pending case in issue, detailed above, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard. 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. With the aforesaid, the petition is disposed of. Order Date :- 10.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench