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2025 DAILYLAW 134537 (ALL)

RIZWANA v. SUB DIVISIONAL OFFICER / S.D.M., AALAPUR, AMBEDKAR NAGAR AND OTHERS

A227/2189/2025 · 2025-04-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21886 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2189 of 2025 Petitioner :- Rizwana Respondent :- Sub Divisional Officer / S.D.M., Aalapur, Ambedkar Nagar And Others Counsel for Petitioner :- Jyoti Tripathi,Ajeet Kumar,Avinash Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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. Issue an order or direction, directing to the Ld. Sub Divisional Officer/S.D.M., Aalapur, District Ambedkar Nagar to expedite the hearing of Case (Appeal) No. 6383 of 2024, Computerized no. T202404040406383, appeal U/s 35(2) of U.P. Revenue Code-2006 filed against the order dated 16.07.2024 passed in mutation case of section 34 of U.P.R.C.-2006 (Mustak Vs. Gaon Sabha and others) pending since 2024 and decide/depose the stay application of the petitioner in the next day of hearing, which is pending before the court of opposite party no. 1 i.e. Ld. Sub Divisional Officer/S.D.M., Aalapur, District Ambedkar Nagar (contained in annexure no. 1 & 2), in the interest of justice." It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since 2024 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending appeal within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. 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 observations, the petition is disposed of. Order Date :- 18.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench