Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25845 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2563 of 2025 Petitioner :- Rasik Bihari Tiwari Respondent :- Ram Murat And 4 Others Counsel for Petitioner :- Durgesh Kumar Singh Counsel for Respondent :- Mohd. Kashif Raf Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner, Sri Amitesh Pratap Singh, Advocate holding brief of Sri Mohd. Kashif Raf, learned counsel for the respondents and perused the record.
2. The present petition has been fled by the petitioner challenging the orders dated 19.10.2024 whereby the request for appointment of Commissioner was rejected as well as the order dated 20.03.2025 whereby the revision was also dismissed.
3. The documents on record reveals that earlier the proceedings were also pending in between the parties and a report of the Amin dated 12.04.2024 is on record as Annexure No. 6 to the effect that on account of the land in question, the matter could be settled by way of commission. It is well settled that the Commissioner can be appointed only when the Court is satisfed that any factual matter needs investigation. From the two orders, no such need reveals, as such, no interference is called for. The petition is accordingly dismissed. As the suit is pending since the year 2009, it is
directed that the suit shall be decided positively within a period of one year.
Order Date :- 5.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench