MANOJ KUMAR v. COURT OF LEARNED SUB DIVISIONAL MAGISTRATE, TEHSIL ALAPUR, AMBEDKAR NAGAR AND OTHERS
A227/2182/2025 · 2025-04-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134629 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21874 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2182 of 2025 Petitioner :- Manoj Kumar Respondent :- Court Of Learned Sub Divisional Magistrate, Tehsil Alapur, Ambedkar Nagar And Others Counsel for Petitioner :- Maya Ram Yadav,Akhand Pratap Verma,Radha Singh Counsel for Respondent :- C.S.C.,Mohan Singh 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) direct the Opposite Party No. 1 i.e. The Court of Learned Sub-Divisional Magistrate, Tehsil Alapur, District Ambedkar Nagar to decide the appeal/Case No. 4468 of 2021 bearing computerized case no. T202104040404468; Shresth Kumar and others Vs Manoj Kumar and others, Under Section 35(2) of U.P. Revenue Cod, 2006, expeditiously as this Hon'ble Court may deemed fit which is pending before Opposite Party No. 1 since 17.12.2021 (contained in Annexure No.1 to this petition), 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 December 2021 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