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2025 DAILYLAW 137330 (ALL)

SAJJAN NISHA v. STATE OF UP THRU. COLLECTOR, GONDA AND OTHERS

A227/2479/2025 · 2025-04-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24646 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2479 of 2025 Petitioner :- Sajjan Nisha Respondent :- State Of Up Thru. Collector, Gonda And Others Counsel for Petitioner :- Alok Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned Counsel for the petitioner, Sri Yogesh Awasthi, learned State Counsel and perused the records. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "i). issue a direction to opposite party no.3 to decide the Computerised Case No.T201708347062634); Gaon Sabha Versus Sakir Ullah, under section-67 (1) of the U.P. Revenue Code, 2006 pending since 2017, within stipulated time limit, which is contained as Annexure No.2 to this petition." Submission of learned Counsel for the petitioner is that proceedings of removal of encroachment if any, as per Section 67(1) of U.P. Revenue Code 2006 read with U.P. Revenue Code Rules 2016, should preferably be decided within 90 days and in this case the proceedings against the petitioner are pending before opposite party no. 3 as Computerized Case No.T201708347062634, (Gaon Sabha Versus Sakir Ullah), till date and on account of pendency of the case in issue since 2017, the petitioner is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending proceedings. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.-3 to consider and decide the pending proceedings of case in issue, detailed in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter before it, if there is no other legal impediment in this regard. 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, the petition is disposed of. Order Date :- 30.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench