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2025 DAILYLAW 133168 (ALL)

MD. USMAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

A227/2036/2025 · 2025-04-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20597 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2036 of 2025 Petitioner :- Md. Usman Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar,Gaya Prasad Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "I. Issue a direction thereby directing Tahsildar, Gonda/Assistant Collector, Gonda to conclude and decide the proceeding pending before him under section 67(1) of Revenue Code 2006 as case no.7220/2024 Gaon Sabha Vs. Mohd. Shakeel as well as case no.7219/2024 Gaon Sabha Vs. Masoom Ali within a period fixed by this this Hon'ble court. II. Issue a direction thereby directing the Opp.parties no.2 to 4 to get vacate the Gaon Sabha Land Gata no.786 area 0.003 Hectare out of total area 0.073 Hectare by removing constructed house of opp.party no.5 and 6 situated in village kheer bhari, Pargana, Tahsil and District-Gonda and recover the damages from them." On being asked, learned State Counsel submitted that it appears that due to some reasons, the proceedings in issue, could not be concluded within time as indicated under Section 67(6) of U.P. Revenue Code 2006 read with U.P. Revenue Code Rules 2016, i.e. 90 days and the proceedings would be concluded most expeditiously. Taking note of the aforesaid, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.-4 to consider and decide the pending proceedings of case in issue, detailed in prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties 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 :- 11.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench