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2025 DAILYLAW 131378 (ALL)

SALIKRAM AND OTHERS v. SUB DIVISIONAL MAGISTRATE, UTRAULA, BALRAMPUR AND OTHERS

A227/1789/2025 · 2025-04-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18282 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1789 of 2025 Petitioner :- Salikram And Others Respondent :- Sub Divisional Magistrate, Utraula, Balrampur And Others Counsel for Petitioner :- Vimal Kishor Singh,Ashutosh Pandey,Premkant,Wazhul Qamar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "(i) Direct the Opposite Party No.1 to decide the Case No. 6502/2024, Computerized Case No. T202408100306502, 'Salikram & others Versus Ram Naresh & Others, Under Section 38(5) of U.P. Revenue Code 2006, pending before him since 2022, expeditiously within the time stipulated by this Hon'ble Court." Taking note of Rule 36(6) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006, as per which, the proceedings for correcting errors instituted under Section 38 of U.P. Revenue Code, 2006 should be concluded within 45 days, however, in the instant case, the proceedings of such nature are pending since 2022 and on account of pendency of the same, the petitioners, as stated, are suffering great hardship and mental agony, 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.1/Sub Divisional Magistrate, Utraula, Balrampur to consider and decide the Case No. 6502/2024, Computerized Case No. T202408100306502 (Salikram & others Versus Ram Naresh & Others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a maximum period of three 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 :- 2.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench