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2025 DAILYLAW 136670 (ALL)

SHAHANSHAH AND OTHERS v. COURT OF UP ZILA ADHIKARI, KUNDA, PRATAPGARH AND OTHERS

A227/2405/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24357 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2405 of 2025 Petitioner :- Shahanshah And Others Respondent :- Court Of Up Zila Adhikari, Kunda, Pratapgarh And Others Counsel for Petitioner :- Sadanand,Priyam Mishra,Vinit Kumar Pandey Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, 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):- "(1) Direct the court of Up Zila Adhikari, Kunda District - Pratapgarh (opposite party no.1) to decide the case no. 6626/2023 and computerized case no. (T202302570106626) "Shah Aalam Urf Aalam Shah and others versus Naeem Kha and others" Under Section 32/38 of U.P. Revenue Code 2016 pending before the Court of Up Zila Adhikari, Kunda District - Pratapgarh within a period as fixed by this Hon'ble Court, in the interest of justice, (ANNEXURE NO.1)" 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 2023 and on account of pendency of the same, the petitioners, as stated, are 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, Kunda, Pratapgarh to consider and decide the Case No. 6626/2023, Computerized Case No. T202302570106626 (Shah Aalam Urf Aalam Shah and others versus Naeem Kha 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 maximum period of three months 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