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2025 DAILYLAW 138206 (ALL)

BRIJENDRA PRATAP SAHI v. RESIDENT MAGISTRATE, AYODHYA MANDAL, AYODHYA AND 6 OTHERS

A227/2626/2025 · 2025-05-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26227 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2626 of 2025 Petitioner :- Brijendra Pratap Sahi Respondent :- Resident Magistrate, Ayodhya Mandal, Ayodhya And 6 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Pavan Kumar Maurya, 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- respondent is hereby dispensed with. By means of this petition, the petitioner seeks following main relief(s) :- "i. Direct the opposite party no.1 to consider and decide the Appeal/Case No. 76/2001 (Ramanuj Pratap Sahi and another Versus Shivendra Pratap Sahi and others) u/s 210 of U.P. Land Revenue Act filed by opposite party No.2 and 3, within any stipulated period as fixed by this Hon'ble Court." Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided within six months and the fact that petitioner, as stated, is suffering great hardship and mental agony, this petition is disposed of with a direction to the opposite party no. 1/Resident Magistrate, Ayodhya Mandal, Ayodhya to decide the Appeal/Case No. 76/2001 (Ramanuj Pratap Sahi and another Versus Shivendra Pratap Sahi and others), including the application for condonation of delay 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 in the light of the observations made by the Division Bench of this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation, Hardoi & others, Writ Petition No.6574 (Consolidation) of 2016, according to which the issue of condonation of delay should be decided first. 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 :- 6.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench