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2025 DAILYLAW 135567 (ALL)

SURY KANT v. STATE OF U.P. THRU. DISTRICT MAGISTRATE / COLLECTOR, BARABANKI AND OTHERS

A227/2275/2025 · 2025-04-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22754 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2275 of 2025 Petitioner :- Sury Kant Respondent :- State Of U.P. Thru. District Magistrate / Collector, Barabanki And Others Counsel for Petitioner :- Virendra Kumar Shukla,Krishna Kant Tripathi,Shyam Pratap Singh Counsel for Respondent :- C.S.C.,Mohan Singh 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:- "a. issue order or direction to the opposite party no.2 to decide the Revision No.2814/2024, under section 210 of U.P. Revenue Code, 2006, Suryakant V/s Shri Kant and others, within stipulated period as fixed by this Hon'ble court, in the interest of justice. b. Direct the opp. party no.4 and 5 not to cut green trees of the petitioner situated over the Gata No.170 and 171 situated at Village-Gahrela, Pargana-Dariyabad, Tehsil-Sirauligauspur, District- Barabanki, in the interest of justice." 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 revision is pending since October 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 revision 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