RAM SHANKAR @ SHANKAR LAL v. SUB DIVISIONAL OFFICER JUDICIAL, TEHSIL SADAR, RAE BARELI AND OTHERS
A227/2188/2025 · 2025-04-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133611 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21887 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2188 of 2025 Petitioner :- Ram Shankar @ Shankar Lal Respondent :- Sub Divisional Officer Judicial, Tehsil Sadar, Rae Bareli And Others Counsel for Petitioner :- Vinod Kumar Tiwari Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. At the very outset, learned Counsel for the petitioner stated that inadvertently the proper necessary opposite party could not be arrayed in the memo of petition and as such he may be permitted to implead the proper opposite party. Learned State Counsel has no objection to the prayer made by the learned Counsel for the petitioner. Accordingly, the petitioner is permitted to implead the necessary opposite party during the course of the day. 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the opp. party no. 1 i.e. Sub Divisional Officer Judicial Tehsil and District Rae Bareli, to decide the computerised case no. T201610580305487, Ram Sajeevan and others Vs. Ram Sumiran and others under section 176 U.P. Z. A. and L.R. Act 1950 expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice." It is stated that as per para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2010 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, 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 Authority/Court to consider and decide the Case No. T201610580305487(Ram Sajeevan and others Vs. Ram Sumiran and others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one year 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 :- 18.4.2025/Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench