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2025 DAILYLAW 131323 (ALL)

SMT. KANTI v. SUB DIVISIONAL MAGISTRATE, TEHSIL LALGANJ, RAEBARELI AND ANOTHER

A227/1863/2025 · 2025-04-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18704 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1863 of 2025 Petitioner :- Smt. Kanti Respondent :- Sub Divisional Magistrate, Tehsil Lalganj, Raebareli And Another Counsel for Petitioner :- Sakshi Chauhan,Jai Pratap Singh Counsel for Respondent :- C.S.C. 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 for the following main relief:- "(i) Issue an order or direction commanding the opposite party no. 1, i.e., Sub Divisional Magistrate, Lalganj, District Raebareli, to decide the case no. 20/2019-20 computerized T201910580404038 of 2019, under section 35(2) U. P. Revenue Code, 2006, Mohd. Naseem versus Smt. Kanti, pending before him, at an early date." Considering the facts as stated, particularly the period of pendency of the appeal, which appears to be pending since 2019 as also taking note of statutory provisions including Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, the present petition is disposed of with direction to opposite party no.1, to consider and decide the pending appeal in issue i.e. Case No. 20/2019-20 Computerized T201910580404038 of 2019 (Mohd. Naseem versus Smt. Kanti), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of six months from the next date fixed before it. 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 :- 4.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench