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2025 DAILYLAW 136880 (ALL)

SMT. BHARTI v. SUB DIVISIONAL MAGISTRATE (JUDICIAL), BIKAPUR, FAIZABAD AND OTHERS

A227/2520/2025 · 2025-05-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25306 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2520 of 2025 Petitioner :- Smt. Bharti Respondent :- Sub Divisional Magistrate (Judicial), Bikapur, Faizabad And Others Counsel for Petitioner :- Praveen Tripathi,Ayushi Dubey,Sudha Pal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Awasthi, learned Standing Counsel for the State/opposite party No.1 and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondents is hereby dispensed with. By means of this petition, the petitioner seeks following main relief(s) :- "(A) issue a order or direction directing the Learned Sub Divisional Magistrate (Judicial), Bikapur District: Faizabad to decide the Petitioner's appeal being T202404230302614 (Smt. Bharti versus Rakesh Kumar and others) which is pending for final disposal for last one year, within the time indicated by this Hon'ble Court" Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided within six months, however, in the instant case, the revision is pending since November, 2023 and on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate (Judicial), Bikapur, District - Ayodhya to consider and decide the Appeal No.T202404230302614 (Smt. Bharti versus Rakesh Kumar and others)", expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either of the parties, preferably within a period of six 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 :- 2.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench