NOORJAHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS
A227/2263/2025 · 2025-04-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135455 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135455 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22717 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2263 of 2025 Petitioner :- Noorjahan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Anil Kumar Mishra,Arun Chand Pandey,Ram Bahadur Maurya Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. 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 Opposite Party No.2 i.e. Sub Divisional Magistrate, Tehsil Musafirkhana, District-Amethi to expeditiously decide the case of the petitioner bearing Case /Appeal No.5994/2024, Computerized Case No.T202404710205994 (Smt.Noorjahan Versus Rais Ahmad & Others) under section 35(2) of Uttar Pradesh Land Revenue Code, 2006 pending before him within a reasonable period of time as directed by this Hon'ble Court." It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since July 2024 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending appeal within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid observations, the petition is disposed of.
Order Date :- 22.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench