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2025 DAILYLAW 136984 (ALL)

SHABIR ALI v. ADDITIONAL COMMISSIONER, PRASHASAN-II, DEVI PATAN MANDAL, UTRAULA, BALRAMPUR AND OTHERS

A227/2440/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24434 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2440 of 2025 Petitioner :- Shabir Ali Respondent :- Additional Commissioner, Prashasan-Ii, Devi Patan Mandal, Utraula, Balrampur And Others Counsel for Petitioner :- Dinesh Kumar Srivastava,Arpit Dwivedi,Subhash Pandey Counsel for Respondent :- C.S.C.,Pankaj Gupta 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct to the opposite party no. 1 to decide the condonation of delay application dated 21-12-2024 in Appeal No. 2312 of 2024 in computerized Case No. C-202408000002312 (Sabir Ali and others Versus Maroof Ali and others) under section- 207 U.P. Revenue Code, 2006 in condonation of delay application dated 21-12-2024 is being pending before the court till date not decided within stipulated period, in the interest of justice." Considering the facts and circumstances of the case and period of pendency of the condonation of delay application in issue dated 21.12.2024, 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/Additional Commissioner, Prashasan-II, Devi Patan Mandal, Utraula, Balrampur to consider and decide the condonation of delay application in issue dated 21.12.2024 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 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