KAMLA PRASAD @ KAMALA v. STATE OF U.P. THRU. PRIN. SECY. HOME EPTT. LKO. AND 2 OTHERS
A483/332/2025 · 2025-04-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135049 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135049 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23509 Court No. - 14 Case :- APPLICATION U/S 483 No. - 332 of 2025 Applicant :- Kamla Prasad @ Kamala Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Eptt. Lko. And 2 Others Counsel for Applicant :- P.K. Mishra,Vivek Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. The present application under Section 483 Cr.P.C. has been filed with the following prayers:
" to direct to the opposite party No. 2 to take decision on the objection dated 17.1.2025 filed by petitioner as early as possible and the objection of petitioner as well as the case No.8229/24 CT-NO-T202404040208229 under section 164 BNSS "Kamla Prasad Vs. Sewa Ram" pending in the court of opposite party No. 2 may be decided expeditiously within stipulated time in the interest of justice."
Learned counsel for the applicant has submitted that the applicant has a patta of Plot No.193 which was granted in favour of the applicant on which he has constructed 8 rooms / house upon which the Respondent No.3 is claiming his right, hence an application under Section 164 BNSS was moved by the applicant. On the said application on 6.12.2024 an order has been passed by the Respondent No.2 i.e. Sub-Divisional Magistrate, Jalalpur, District Ambedkar Nagar for communicating/ serving/ pasting the order upon the Respondent No.3 informing him about the next date fixed in the matter. When the SHO had gone to serve the notice, Respondent No.3 had informed him that the dispute is with regard to some other plot, not of the present plot and in pursuance thereof the report was given by the S.H.O. to the Magistrate concerned. Against which the applicant has moved an application on 17.01.2025 which is pending till date and no decision has been taken.
Learned counsel for the applicant prays that a direction may be issued to the Respondent No.2 to decide the
application / objection within stipulated time as this Court may fix. On the other hand learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. After hearing learned counsel for the parties and without entering into the merits of the case, it is expected that the respondent no. 2 shall make endeavour to decide the application/ objection dated 17.01.2025 moved by the applicant, which is pending before him, expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournment to either of the parties. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of.
Order Date :- 21.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench