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2025 DAILYLAW 133200 (ALL)

SUSHILA DEVI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/2012/2025 · 2025-04-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20164 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2012 of 2025 Petitioner :- Sushila Devi And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ram Sajivan Verma,Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(i) To issue order or direction commanding the opposite parties particularly opposite party No. 2 i.e. Settlement Officer of Consolidation (Judicial), Barabanki, District- Barabanki to decide the Substitution Application filed by the petitioners in the above noted Appeal No. 195/2018, under section 11 (1) of the U.P.C.H. Act, "Sahabain alias Chhabba Vs Jagesar and others", bearing new Appeal No. 79/2025, which is still pending since 20.02.2022, within stipulated period frame by this Hon'ble Court, in the interest of justice. (ii) To issue order or direction commanding the opposite parties particularly opposite party No. 2 i.e. Settlement Officer of Consolidation (Judicial), Barabanki, District- Barabanki to decide the Appeal No. 195/2018, under section 11 (1) of the U.P.C.H. Act, "Sahabain alias Chhabba Vs Jagesar and others", bearing new Appeal No. 79/2025, which is pending since 2018, within stipulated period frame by this Hon'ble Court, in the interest of justice." Considering the facts as stated, particularly the period of pendency of the appeal, which appears to be pending since 2018, this petition is disposed of with direction to authority concerned, to consider and decide the pending appeal in issue including the pending application for substititon, quoted in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of six months from the next date fixed 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 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 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench