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2025 DAILYLAW 131891 (ALL)

SMT. BEENA YADAV v. NAIB TEHSILDAR BHIYAON, TEHSIL JALALPUR, AMBEDKAR NAGAR AND ANOTHER

A227/1875/2025 · 2025-04-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19550 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1875 of 2025 Petitioner :- Smt. Beena Yadav Respondent :- Naib Tehsildar Bhiyaon, Tehsil Jalalpur, Ambedkar Nagar And Another Counsel for Petitioner :- Maneesh Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed in the Court today is taken on record. Heard learned counsel for the parties. 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. Naib Tehsildar Bhiyaon, Tehsil Jalalpur, District Ambedkar Nagar to expeditiously decide the restoration/recall application dated 29.12.2023 as well as No.1127/2015 Case (Computerized Case No.T20150404021127) (Beena Yadav Versus Ram Sudist), under Section 34 of the U.P. Revenue Code, 2006, pending before him since 30.4.2015, in accordance with law, within time stipulated by this Hon'ble Court." It is submitted that for the reasons beyond control of the petitioner, the proceedings, in issue, have yet not been concluded, though, the same are summary in nature and are pending since 2015, and on account of pendency of the same, the petitioner, who is lady aged about 45 years, 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 in issue. 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 respondent No.1/Naib Tehsildar Bhiyaon, Tehsil Jalalpur, Ambedkar Nagar to consider and decide the restoration/recall application dated 29.12.2023 as well as conclude the proceedings of Case No.1127/2015, Computerized Case No.T20150404021127 (Beena Yadav Versus Ram Sudist) 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 :- 8.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench