VIKAS MANI TRIPATHI v. STATE OF U.P. THRU. COLLECTOR, AMBEDKAR NAGAR AND OTHERS
A227/2251/2025 · 2025-04-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135067 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135067 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22531 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2251 of 2025 Petitioner :- Vikas Mani Tripathi Respondent :- State Of U.P. Thru. Collector, Ambedkar Nagar And Others Counsel for Petitioner :- Kamlesh Kumar,Simran Kaur 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:-
"A. Issue order or direction to directing the Opposite Party no. 2 i.e., Up Zila Adhikari Tehsil- Alapur, District- Ambedkar Nagar, to decide the case no.4959/2024, Computerized case no.- T202404040404959 Ashutosh Tripathi v/s Rajesh and others, filed under section 144 U.P. Revenue code 2006, pending in the court of Up Zila Adhikari Tehsil- Alapur, District- Ambedkar Nagar,in accordance with law, at the earliest with the time fixed by this Hon'ble Court." 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 2024 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. 202404040301935 (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