DEVKI NANDAN PANDEY v. STATE OF U.P. THRU. COLLECTOR, GONDA AND 4 OTHERS
A227/2438/2025 · 2025-04-29
Saurabh Lavania
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 134921 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134921 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24409 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2438 of 2025 Petitioner :- Devki Nandan Pandey Respondent :- State Of U.P. Thru. Collector, Gonda And 4 Others Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar,Gaya Prasad Counsel for Respondent :- C.S.C.,Pankaj Gupta 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):-
"I. Issue a direction, directing to opp party no. 1 i.e. Collector/Upper Collector, Gonda to decide the appeal No. 2366/2024, pending before him Shushil Kumar Vs. Gaon Sabha, Chandvatpur under section 67(5) of U.P. Revenue Code 2006 pending since 20-08-2024 contained as Annexure no.9 to this petition. II. Issue a direction, directing to opp.party no.2 & 3 to order to get Gaon Sabha Land vacated by adopting legal process as provided under section 67(3) of U.P. Revenue code from the illegal possession of opp.party no.5 with the help of police force." It is submitted that for the reasons beyond control of the petitioner, the proceedings, in issue, have not been concluded and on account of pendency of the same, the petitioner, who is aged about 61 years, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings in issue. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/Collector/Upper Collector, Gonda to conclude the proceedings in issue 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 three 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.
Order Date :- 29.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench