LAL SINGH v. LEARNED SUB DIVISIONAL MAGISTRATE, MALHIABAD, LKO. AND OTHERS
A227/2419/2025 · 2025-04-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136443 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24391 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2419 of 2025 Petitioner :- Lal Singh Respondent :- Learned Sub Divisional Magistrate, Malhiabad, Lko. And Others Counsel for Petitioner :- Km. Pooja Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):-
"i. To direct the Opposite Party No.1 to decide Suit No.729/2024 "Lal Singh Vs. Shivnath and others", U/s- 134 U.P. Revenue Code, 2006, pending before Sub Divisional Magistrate, Malhiabad, Lucknow, expeditiously within a stipulated period as fixed by this Hon'ble Court as contained in Annexure No. 1 to this petition." Taking note of para 458(1) of U.P. Revenue Court Manual, as per which, 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 2024 and on account of pendency of the same, the petitioner, as stated, who is aged about 62 years, is suffering great hardship and mental agony, 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 Suit No.729/2024 (Lal Singh Vs. Shivnath 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 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 :- 29.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench