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2025 DAILYLAW 134996 (ALL)

RAM PRAKASH v. SUB DIVISIONAL OFFICER, TEHSIL TANDA, AMBEDKAR NAGAR AND OTHERS

A227/2246/2025 · 2025-04-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22526 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2246 of 2025 Petitioner :- Ram Prakash Respondent :- Sub Divisional Officer, Tehsil Tanda, Ambedkar Nagar And Others Counsel for Petitioner :- Vijay Kumar Yadav 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:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the opp.party no. 1 to decide the case no. T202404040301935, under section 134 U.P. Revenue code 2006, Ram Prakash Vs. Ram Sagar & others relating to Mauja Salempur, pargana & Teh. Tanda, Distt. Ambedkar Nagar, expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice." It is stated that as per para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since October 2020 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue. Learned State counsel submits that he has no objection in case an expedite order is passed. 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 Authority/Court to consider and decide the Case No. T202404040301935 (Ram Prakash Versus Ram Sagar and Others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one year 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 :- 22.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench