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2025 DAILYLAW 131477 (ALL)

KADHILE @ SIYARAM v. ADDL. DISTRICT MAGISTRATE JUDICIAL/ ADDL. COLLECTOR, LKO. AND OTHERS

A227/1817/2025 · 2025-04-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18264 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1817 of 2025 Petitioner :- Kadhile @ Siyaram Respondent :- Addl. District Magistrate Judicial/ Addl. Collector, Lko. And Others Counsel for Petitioner :- Sharad Trivedi,Santosh Kumar Trivedi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner says that Gaon Sabha concerned is left to be impleaded in this petition, as such, he may be permitted to implead the said party during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioners is permitted to implead the aforesaid party in the memo of this petition during the course of the day. Heard learned counsel for the petitioner 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. To issue an order or direction commanding the opposite party no.2 to send tehsil akhya/report to Opposite Party no.1 in the Suit No. D-202410460001753 filed on 3.05.2024 by petitioner which is pending since 2024 before opposite party no.1 i.e., the Court of Learned Additional District Magistrate (Judicial), Lucknow within a stipulated period as framed by this Hon'ble Court. II. To issue an order or direction commanding the opposite party no.1 to expedite the Suit No. D- 202410460001753 filed on 3.05.2024 by petitioner which is pending since 2024 before Opposite Party no.1 i.e., the Court of Learned Additional District Magistrate (Judicial), Lucknow within a stipulated period as framed by this Hon'ble Court." It is submitted that for the reasons beyond control of the petitioner, the case, in issue, has not been decided and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. 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 Authority concerned to conclude the pending proceedings in issue 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 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