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2025 DAILYLAW 138326 (ALL)

SANSEY ALAM v. MEMBER (JUDICIAL), COURT NO.3, BOARD OF REVENUE, LKO THRU. REGISTRAR AND ANOTHER

A227/2661/2025 · 2025-05-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26117 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2661 of 2025 Petitioner :- Sansey Alam Respondent :- Member (Judicial), Court No.3, Board Of Revenue, Lko Thru. Registrar And Another Counsel for Petitioner :- Satya Prakash Mishra,Satya Prakash Tiwari Counsel for Respondent :- C.S.C. 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):- "(i) Issue an order or direction commanding the learned court of opposite party no. 1 to decide Revision No. 217 of 2004-05 computerized case no. R200503120022976 (Ashraf Ali Vs Aale Hasan) filed by the petitioner under section 219 of UP Revenue Act, 1901 expeditiously (duly contained as Annexure No.1 to the instant petition)." Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the revision is pending since 2004 and on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, 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/Board of Revenue, U.P., Lucknow to consider and decide the Revision No. 217 of 2004-05, Computerized Case No. R200503120022976 (Ashraf Ali Vs Aale Hasan) 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 six 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 :- 6.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench