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2025 DAILYLAW 134152 (ALL)

SMT. SEEMA KHARE THRU. ATTORNEY HOLDER AND HUSBAND, MR. SUNIL KUMAR KHARE v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/3654/2025 · 2025-04-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21677 Court No. - 7 Case :- WRIT - C No. - 3654 of 2025 Petitioner :- Smt. Seema Khare Thru. Attorney Holder And Husband, Mr. Sunil Kumar Khare Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- M.K. Dixit Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner 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 a writ, order, or direction in the nature of mandamus commanding/directing the opp. party no. 4 to decide the pending appeal of the petitioner bearing computerized case no. T202207320500776, Smt. Seema Khare Vs. Anil Kumar Shivhare & Ors., forthwith taking into consideration the judgment of this Hon'ble court passed in the case of Rajendra Prasad reported as MANU/UP/1323/2021 on the next date fixed. II. Issue a writ, order ог direction in the nature of mandamus commanding the opp. parties specially opp. Party no.1 & 2 to conduct a fair enquiry in the matter against the opp. party no.5 III. Issue a writ, order ог direction in the nature of mandamus directing opp. party no.4/5 & opp. party no.3 to produce the entire records of computerized case no. T202207320500776 and computerized case no. T202307320502484 pending before the opp. party no.4/5 before this Hon'ble court." 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 preferably within six months, however, in the instant case, the appeal is pending since May,2023 and on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.4/Deputy Collector/Sub Divisional Officer, Tehsil-Maudaha District-Hamirpur to consider and decide the Appeal No.T202207320500776 (Smt. Seema Khare Vs. Anil Kumar Shivhare & Ors.) 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. . (Saurabh Lavania,J.) Order Date :- 17.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench