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2025 DAILYLAW 132136 (ALL)

KAMAL AHMAD KHAN v. MUNNA KHAN AND OTHERS

A227/2157/2025 · 2025-04-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21638 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2157 of 2025 Petitioner :- Kamal Ahmad Khan Respondent :- Munna Khan And Others Counsel for Petitioner :- Salman Abbas,Syed Waqar Husain Hon'ble Saurabh Lavania,J. Learned counsel for the petitioner prays for and is permitted to make impleadment in the array of parties during course of the day. Heard learned counsel for the petitioner, learned Standing Counsel for the State/opposite party No.1 as well as Shri Tushar Gupta, Advocate holding brief of Shri Dilip Kumar Pandey, learned counsel for the opposite party No.4 and perused the record. In view of order proposed to be passed, issuance of notice to the private- opposite parties is hereby dispensed with. By means of this petition, the petitioner seeks following main relief :- "i. Issue Order, direction to court below i.e. Court of Borad of Revenue Uttar Pradesh District- Lucknow to decide the Second Appeal No.1262 of 2023, under section 331 (4) Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 Case title Munna & ors Vs. Haseeb Ahmad & ors expeditiously with in a time fixed period, as fixed by this Hon'ble Court, in the interest of justice." It is stated that as per para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending since 2023 and on account of pendency of the same, the petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel submits that he has no objection in case an expedite order is passed. 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 Board of Revenue, U.P., Lucknow to decide the Second Appeal No.1262 of 2023, under section 331 (4) Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Munna & Ors Vs. Haseeb Ahmad & Ors.) 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 six months from the next date fixed in the case, if there is no other legal impediment. 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 :- 17.4.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench