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2025 DAILYLAW 131732 (ALL)

CAPT. ISHTIYAQ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

A227/1905/2025 · 2025-04-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19215 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1905 of 2025 Petitioner :- Capt. Ishtiyaq Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Devendra Pratap Singh,Maneesh Singh Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Saurabh Lavania,J. Sri Amit Kumar Dwivedi, learned Advocates has filed their Vakalatnama on behalf of opposite party no.5, which is taken on record. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "(i) issue a for issuance of a direction to the opposite party No. 2 to consider and decide the application dated 16.1.2025 under Order 7 Rule C.P.C. in proceeding under section 144 of U.P. Revenue Code 2006 initiated through Case No. 90/2021-22 (Computerized No. T202110460226207) "Raj Kumar Singh Versus Gyanendra Singh & others" expeditiously within stipulated period as early as possible." Considering the facts as indicated including that the suit for declaration of rights under Section 144 of U.P. Revenue Code, 2006 (in short 'code of 2006') i.e. Case No.90/2021-22, Computerized No. T202110460226207 (Raj Kumar Singh Versus Gyanendra Singh & others) is pending since 2021 as also that petitioner herein preferred an application dated 16.01.2025 under Order 7 Rule 11 CPC, which should be decided first, the present petition is disposed of with direction to the respondent No.-2 to consider and decide the pending application dated 16.01.2025 under Order 7 Rule 11 CPC, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within 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 :- 7.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench