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2025 DAILYLAW 135193 (ALL)

KISHORI AND 3 OTHERS v. SUB DIVISIONAL MAGISTRATE, TAHSIL KUNDA, PRATAPGARH AND 3 OTHERS

A227/2430/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24386 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2430 of 2025 Petitioner :- Kishori And 3 Others Respondent :- Sub Divisional Magistrate, Tahsil Kunda, Pratapgarh And 3 Others Counsel for Petitioner :- Anju Vaishya,Sarojani Misra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State/opposite party No.1 and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondents is hereby dispensed with. By means of this petition, the petitioner seeks following main relief(s) :- "(I) Issue a writ of or any other appropriate writ, order, or direction, commanding/directing the learned court to expeditiously decide Appeal No.6584/2022 (Computerized Case No.T202402570106584) (Mahaveer vs. Jagannath & Others), pending before Respondent No.1. within a time frame as may be fixed by this Hon'ble Court, which is contained as Annexure No.4 to this petition." Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided within six months, however, in the instant case, the revision is pending since 2022 and on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate, Tahsil-Kunda, District Pratapgarh to consider and decide the Appeal No.6584/2022 (Computerized Case No.T202402570106584) (Mahaveer vs. Jagannath & others), expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either of the parties, preferably within a period of six 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench