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2025 DAILYLAW 131978 (ALL)

MAYA @ YADAV MAY BEN v. NAIB TAHSILDAR, TAHSIL HAIDERGARH, BARABANKI AND ANOTHER

A227/1951/2025 · 2025-04-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19626 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1951 of 2025 Petitioner :- Maya @ Yadav May Ben Respondent :- Naib Tahsildar, Tahsil Haidergarh, Barabanki And Another Counsel for Petitioner :- Mahendra Pratap Verma Counsel for Respondent :- C.S.C. 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court, may graciously be pleased, to direct the opposite party no. 1, to decide the case no. T202404120503231 (case no. 3231/2024), pending before him,under section 34 of U.P. Revenue Code 2006, in respect of land of gata no. 57/0.485 hectare, gata no. 58k/0.155 hectare & gata no. 58kh/ 0.031 hectare, situated at Village/ halmet of Kundwa, Pargana Subeha, Tahsil Haidergarh, District - Barabanki, in the name and style of Maya alias Yadav Maya Ben vs. Dhaniram alias Yadav Dhaniram, within some stipulated/ short time, expediciously, prescribed by this Hon'ble Court, as contained in Annexure No. 1 to the petition, in the interest of justice." 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 pending since April, 2024 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 respondent No.1/Naib Tahsildar, Tahsil Haidergarh, Barabanki to conclude the proceedings of the pending case, quoted in prayer clause of this petition, 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 four 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