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2025 DAILYLAW 132932 (ALL)

GOMTI PRASAD KASHYAP AND ANOTHER v. ADDL. COLLECTOR/ ADDL. DISTRICT MAGISTRATE, BAHRAICH AND ANOTHER

A227/2003/2025 · 2025-04-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20275 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2003 of 2025 Petitioner :- Gomti Prasad Kashyap And Another Respondent :- Addl. Collector/ Addl. District Magistrate, Bahraich And Another Counsel for Petitioner :- Ashok Kumar Yadava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 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):- "Issue an order or direction directing the Opposite Party No. 1 i.e. Additional Collector/Additional District Magistrate (F/R), District Bahraich to decide the appeal NO. D 202308150000243, "Machhua Matasyajeevi Sahakari Samiti Ltd., Khasaha Mohammadpur, Nyay Panchayat Bhakhla Gopalpur versus State of U.P. and others" filed by the petitioner under Rule 59 U.P. Revenue Rules 2016 read with section 233(2)(14) U.P. Revenue Code 2006, against auction dated 09-08- 2023, which is pending before him since 28/30-11-2023, in the interest of justice." Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the appeal is pending since November, 2023 and on account of pendency of the same, the petitioners, as stated, are 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.1/Additional Collector/Additional District Magistrate (F/R), District Bahraich to consider and decide the Case/Appeal No. D202308150000243 (Machhua Matasyajeevi Sahakari Samiti Ltd., Khasaha Mohammadpur, Nyay Panchayat Bhakhla Gopalpur versus State of U.P. 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 period of six 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 :- 10.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench