Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 131515 (ALL)

BARSATI v. UP ZILA ADHIKARI, JUDICIAL, LAMBHUA, SULTANPUR AND OTHERS

A227/1886/2025 · 2025-04-05

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19034 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1886 of 2025 Petitioner :- Barsati Respondent :- Up Zila Adhikari, Judicial, Lambhua, Sultanpur And Others Counsel for Petitioner :- Utkarsh Yadav,Ayush Chaudhary Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. 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 to the Opposite Party No. 1 to decide expeditiously the Case No.- T202404680301882 Barsati versus Ram Naresh & others, under Section 38 Uttar Pradesh Revenue Code, 2006 on the earlies possible date, in the interest of justice." 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 2023 and on account of pendency of the same, the petitioner, as stated, who is aged about 57 years, is 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 (Judicial), Lambhua, District Sultanpur to consider and decide the Case No. - T202404680301882 (Barsati 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 45 days 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 :- 5.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench