SANTOSH KUMARI v. SUB DIVISIONAL MAGISTRATE, TEHSIL HAIDERGARH, BARABANKI AND 2 OTHERS
A227/2557/2025 · 2025-05-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137266 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137266 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25695 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2557 of 2025 Petitioner :- Santosh Kumari Respondent :- Sub Divisional Magistrate, Tehsil Haidergarh, Barabanki And 2 Others Counsel for Petitioner :- Suresh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Sri Yogesh Awasthi, learned State Counsel 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 present petition has been filed for the following main relief:-
"i) To, issue a Direction to the Respondent no. 1 / Sub Divisional Magistrate, Tehsil - Haidergarh, District - Barabanki to decide the Appeal dated 16.10.2023 (Annexure No.1) vide Appeal No. T202304120507283 (Santosh Kumari vs. Bal Krishna and others) under section 35(2) of U.P. Revenue Code, 2006, pending before him, at an early date after hearing the parties concerned, in a given time frame fixed by this Hon'ble court." It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since October 2023 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending appeal within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid observations, the petition is disposed of. Order Date :- 5.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench