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2025 DAILYLAW 135445 (ALL)

KAMLA DEVI v. SUB DIVISIONAL MAGISTRATE, KUNDA, PRATAPGARH AND 2 OTHERS

A227/2299/2025 · 2025-04-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22633 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2299 of 2025 Petitioner :- Kamla Devi Respondent :- Sub Divisional Magistrate, Kunda, Pratapgarh And 2 Others Counsel for Petitioner :- Rakesh Kumar Yadav,Hema Singh Counsel for Respondent :- C.S.C. 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):- "1. To issue writ, order and direction to the Court of Sub-Divisional Magistrate, Kunda, Pratapgarh to proceed with and decide the pending Demarcation Suit of the petitioner bearing No. T20212570108953 of 2021 (Kamla Devi versus Gram Sabha, Jhingur, Pratapgarh) under section 24 of U.P Revenue Code, 2006, expeditiously, which is pending adjudication before Learned the Sub-Divisional Magistrate, Kunda, Pratapgarh, since 2021, within a time frame fixed by the Court, in the interest of justice. 2. To issue writ, order and direction to Learned Court of Sub-Divisional Magistrate, Kunda, Pratapgarh, until final disposal of the Demarcation Suit bearing No. T20212570108953 of 2021, interim relief application shall be heard and decided on date fixed." Taking note of Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, as per which, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since 2021 and on account of pendency of the aforesaid case, petitioner, as stated, who is a lady, is suffering great hardship and mental agony, 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/Sub- Divisional Magistrate, Kunda, Pratapgarh to consider and decide the Case No. T20212570108953 of 2021 (Kamla Devi versus Gram Sabha, Jhingur, Pratapgarh) 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 possible and if there is no other legal impediment in this regard. It is made clear that this 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 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench