VIRENDRA KUMAR MISHRA v. DISTRICT MAGISTRATE, AMBEDKAR NAGAR AND OTHERS
A227/1794/2025 · 2025-04-02
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132541 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132541 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18285 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1794 of 2025 Petitioner :- Virendra Kumar Mishra Respondent :- District Magistrate, Ambedkar Nagar And Others Counsel for Petitioner :- Dinesh Kumar Srivastava,Raj Kumar Dwivedi 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 kindly be pleased to direct to the opposite party no. 2 to decide the case in bearing no. T- 202404040108522, under section- 38 (1) U.P. Revenue Code, 2006 Virendra Kumar and others Versus Anuraji and others in stipulated period, 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 2024 and on account of pendency of the same, the petitioner, as stated, who is aged about 75 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.2/Sub Divisional Officer, Akbarpur, Ambedkar Nagar to consider and decide the Case No. T- 202404040108522 (Virendra Kumar and others Versus Anuraji and 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 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 :- 2.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench