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2025 DAILYLAW 132569 (ALL)

PHOOLCHAND AND OTHERS v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, GONDA AND OTHERS

A227/1995/2025 · 2025-04-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20270 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1995 of 2025 Petitioner :- Phoolchand And Others Respondent :- State Of U.P. Thru. District Magistrate, Gonda And Others Counsel for Petitioner :- Anoop Kumar Upadhyay Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioners says that the details of petitioner No. 3 have wrongly been indicated in this petition, as such, he may be permitted to rectify the said error during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioners is permitted to rectify the aforesaid error during the course of the day. Heard learned counsel for the petitioners 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):- "(i) Direct the opposite party no.1 to decide the objection field by the petitioner under section 9 (A) of U.P.C.H. Act 1953, in respect of Gata NO. 54/0.39, area 119, Gata No. 59/0.16, Gata NO. 66/0.51, Gata NO. 103/0.03, Gata No. 132/0.07, 186/0.180, 251/0.01, 205/0.48, 465/1.140 Dismil, situated in village-Abhaipur, Paragna-Gwarich, Tahsil-Colonelganj, Districty-Gonda, in case no. 314, connected 0035/2022 (197/2025), 'Newal Kishore & Others Vs State of UP', expeditiously, within stipulated time." Taking note of the facts and circumstances of the case and period of pendency of the case(s)/objection(s), the instant petition is disposed of with a direction to the Authority concerned to conclude the proceedings of the case(s), quoted above in prayer clause, within a period of six months from the next date fixed in the case, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party, if possible and 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 :- 10.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench