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2025 DAILYLAW 134541 (ALL)

AMAR BAHADUR v. COURT OF LEARNED ADDL. SUB DIVISIONAL OFFICER, SECOND, TEHSIL, PRATAPGARH AND OTHERS

A227/2165/2025 · 2025-04-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21516 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2165 of 2025 Petitioner :- Amar Bahadur Respondent :- Court Of Learned Addl. Sub Divisional Officer, Second, Tehsil, Pratapgarh And Others Counsel for Petitioner :- Ajay Kumar Ojha,Barkha Kumari,Pooja Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard Ms. Barkha Kumari, learned Counsel for the petitioner and Sri Rajendra Prasad Maurya, learned State Counsel and perused the records. 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 a direct the Opposite Party No. 1 i.e. The court of Learned Additional Sub Divisional Officer, Second, Tehsil and District Pratapgarh to decide the case No. 109 of 2012-2013 bearing computerized Case No. D200702570000120; Smt. Sarju Devi Vs. Ram Sumer in Under Section 210 of U.P Revenue Code 1901 which is pending before Opposite Party No. 1 since 03.11.2007 (contained in Annexure No.2 to this petition), in the interest of justice." Considering the facts as stated, particularly the period of pendency of the appeal, which appears to be pending since November 2007 as also taking note of statutory provisions including para 458(2) of U.P. Revenue Court Manual, the present petition is disposed of with direction to opposite party no.1, to consider and decide the pending appeal in issue i.e. Case No. 109 of 2012-2013, Computerized Case No. D200702570000120 (Smt. Sarju Devi Vs. Ram Sumer), 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 :- 17.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench