CHANDRABHAN v. SUB DIVISIONAL MAGISTRATE JUDICIAL, TEHSIL TANDA, AMBEDKAR NAGAR AND 4 OTHERS
A227/2262/2025 · 2025-04-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135547 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22711 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2262 of 2025 Petitioner :- Chandrabhan Respondent :- Sub Divisional Magistrate Judicial, Tehsil Tanda, Ambedkar Nagar And 4 Others Counsel for Petitioner :- Ram Suphal 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:-
"(i) Directing the opposite party no. 1 to expeditiously decide the pending Substitution application of the Case No. 56/2015 Computerized case no. T201504040356, (Jagannath versus Sati Prasad and others) filed under section 176 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 within the stipulated time which is pending before the opposite party no. 1 since 25.05.2016, in the interest of justice. (ii) Directing the opposite party no. 1 to expeditiously decide the Case No. 56/2015 Computerized case no. T201504040356, (Jagannath versus Sati Prasad and others) filed under section 176 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 within the stipulated time, in the interest of justice." 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 2015 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 in issue, detailed in prayer clause, 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 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