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2025 DAILYLAW 134330 (ALL)

SURENDRA v. SUB-DIVISIONAL MAGISTRATE, TEHSIL-SIDHAULI, SITAPUR AND OTHERS

A227/2193/2025 · 2025-04-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21885 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2193 of 2025 Petitioner :- Surendra Respondent :- Sub-Divisional Magistrate, Tehsil-Sidhauli, Sitapur And Others Counsel for Petitioner :- Prabhakar Mishra,Dharm Raj Mishra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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, seeking following main relief:- "I. Issue an order or direction in appropriate nature commanding and directing to the opposite parties no.1 to decide the application under section 24 of the U.P revenue code bearing case No. T0369 of 2025/computerized case No. T202510640500369 for demarcation of the Gata No.90 measuring 0.395 hectare situated at village Singhpur Pargana- Badi Tehsil Sidhauli District-Sitapur, expeditiously, as early as possible, in the interest of justice." Taking note of the fact that case in issue i.e. Case No. T0369 of 2025, Computerized case No. T202510640500369, was instituted under Section 24 of the Code of 2006 and as per Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since February 2024, the respondent No.-1 is directed to consider and decide the pending case in issue, detailed above, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three 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 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 :- 18.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench