AJAY NISHAD v. UP- ZILA ADHIKARI JUDICIAL, TEHSIL AALAPUR, AMBEDKAR NAGAR AND OTHERS
A227/2385/2025 · 2025-04-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136554 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136554 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24067 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2385 of 2025 Petitioner :- Ajay Nishad Respondent :- Up- Zila Adhikari Judicial, Tehsil Aalapur, Ambedkar Nagar And Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Anurag Kumar Maurya, learned State counsel for the State and perused the record. 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):-
"A) Issue a order or direction to opposite party No. 01 to decide the Computerized Case No. T202404040404104, Under Section-38(2) of U. P. Revenue Code 2006, related to Village-Shahpur Ouraw, Pargana-Bidhar, Tehsil-Aalapur District-Ambedkar Nagar U.P. Ajay Nishad Vs Gram Sabha & Others, pending before him since 07.09.2024 within some stipulated time." Taking note of Rule 36 (6) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006, as per which, the proceedings for correcting errors instituted under Section 38 of U.P. Revenue Code, 2006 should be concluded within 45 days, however, in the instant case, the proceedings of such nature are pending since September, 2024 and on account of pendency of the same, the petitioner, as stated, 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 respondent No.1/Up-Zila Adhikari (Judicial), Tehsil-Alapur, District-Ambedkar Nagar to consider and decide the Computerized Case No. T202404040404104, 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 maximum period 45 days 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