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2025 DAILYLAW 132617 (ALL)

MANISH KUMAR @ MANISH KUMAR SHUKLA v. LEARNED SUB-DIVISIONAL MAGISTRATE, TARABGANJ, GONDA AND OTHERS

A227/2079/2025 · 2025-04-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21079 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2079 of 2025 Petitioner :- Manish Kumar @ Manish Kumar Shukla Respondent :- Learned Sub-Divisional Magistrate, Tarabganj, Gonda And Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- C.S.C.,Dileep Kumar Pathak,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard Shri Santosh Kumar Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State/opposite party No.1 as well as Shri Dileep Kumar Pathak, learned counsel for the caveator and perused the record. By means of this petition, the petitioner seeks following main relief(s) :- "1. Issue a suitable order or direction commanding Learned Sub-Divisional Magistrate, Tarabganj, District Gonda to decide the proceeding under section 35 (2) of UP Land Revenue Code, 2006 bearing Case No.1630/2025, Computerized Case No. T202508300601630, 'Manish Kumar. Vs. Shivkumari.", for setting aside of order dated 03/02/2025, expeditiously within such period as may be stipulated by this Hon'ble Court, in the interest of justice; ii. Issue a suitable order or direction commanding Learned Sub-Divisional Magistrate, Tarabganj, District Gonda to extend interim/stay order dated 17/02/2025 passed in the proceeding under section 35 (2) of UP Land Revenue Code, 2006 bearing Case No. 1630/2025, Computerized Case No. T202508300601630, 'Manish Kumar, Vs. Shivkumari.", for setting aside of order dated 03/02/2025, in the interest of Justice." Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided within six months, this petition is disposed of with a direction to the opposite party No.1/Sub Divisional Magistrate, Tarabganj District - Gonda to consider and decide the Case No.1630/2025, Computerized Case No. T202508300601630 (Manish Kumar Vs. Shivkumari)", expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either of the parties, preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard. The appellate authority/opposite party No.1 is further directed to consider and decide the interim relief application/stay extension application most expeditiously, as it has been stated that the property in issue has been transferred during pendency of the appeal/case. 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 :- 15.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench