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2025 DAILYLAW 135913 (ALL)

VISHWANATH MISHRA v. STATE OF U.P. THRU. COLLECTOR, GONDA AND OTHERS

A227/2400/2025 · 2025-04-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24121 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2400 of 2025 Petitioner :- Vishwanath Mishra Respondent :- State Of U.P. Thru. Collector, Gonda And Others Counsel for Petitioner :- Alok Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record. The instant petition has been preferred seeking following main relief:- "i). issue a direction to opposite party no.3 to decide the Case No.7277/2024 (Computerised Case No.T202408300707277); Gaon Sabha Versus Ram Sukh and others, under section-67 (1) of the U.P. Revenue Code, 2006 pending since 2024, within stipulated time limit, which is contained as Annexure No.1 to this petition." Learned counsel for the petitioner stated that the proceedings initiated under Section 67 (1) of the U.P. Revenue Code, 2006, bearing Case No.7277/2024 (Computerised Case No.T202408300707277) (Gaon Sabha Versus Ram Sukh and others), is pending before the respondent No.3/Tehsildar, Tehsil - Mankapur, District Gonda since July, 2024, though, as per the statutory provisions, the same should be decided preferably within a period of 90 days, as such, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of the pending case. 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 respondent No.3/Tahsisldar, Tahsil-Mankapur, District Gonda to consider and decide the Case No.7277/2024 (Computerised Case No.T202408300707277) (Gaon Sabha Versus Ram Sukh and others), most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within the statutory period i.e. 90 days provided under Rule 67 (6) of the Rules of 2016 read with Section 67 of the code of 2006 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 :- 28.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench