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2025 DAILYLAW 135610 (ALL)

RAJESHWARI PRASAD ALIAS RAM JI MISHRA THRU. MUKHTAR NAMA AAM PREM KUMAR MISHRA v. UP ZILAADHIKARI TULSIPUR DISTT. BALRAMPUR AND 3 OTHERS

A227/2348/2025 · 2025-04-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23666 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2348 of 2025 Petitioner :- Rajeshwari Prasad Alias Ram Ji Mishra Thru. Mukhtar Nama Aam Prem Kumar Mishra Respondent :- Up Zilaadhikari Tulsipur Distt. Balrampur And 3 Others Counsel for Petitioner :- Ganga Prasad Mishra,Abhinav Mishra,Shivam Dixit Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned Counsel for the petitioner, Sri Yogesh Awasthi, learned State Counsel and perused the records. 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) direct the opp. Party no. 1 UpZila Adhikari tulsipur district Balrampur to decide the Case No. T201908100204170 U/S 229 (B) of U.P.Z.A. L.R Act situated village Saadhopur Pargana & Tehsil Tulsipur District Balrampur Fixed on 22-01-2025 Rajeshwari Prasad @ Ram ji Mishra Versus Krishna Kishore Trivedi & others pending in his court expediously within stipulated time granted by this Hon'ble court to meet the end of Justice. As contained in annexure no. 1 to this writ petition." 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 2012 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 the 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 :- 25.4.2025/Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench