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2025 DAILYLAW 138692 (ALL)

MOHAMMAD SHAFIQ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

A227/2702/2025 · 2025-05-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26909 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2702 of 2025 Petitioner :- Mohammad Shafiq Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Rehan Ahmad Siddiqui,Km. Priya Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, 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- respondents is hereby dispensed with. By means of this petition, the petitioner seeks following main relief(s) :- "I. Issue an order or direction to the O.P. No.2 to decide the Appeal No.289 of 2023, Abdul Rahman & other Vs. Mohammad Shafiq & other, U/S 207 of U.P. Revenue Code 2006, filed on 31-1-2023 within the stipulated time in view of the Rule 183 of Uttar Pradesh Revenue Code Rules 2016, at the earliest. (As contained in Annexure No.1 to this petition)." Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal, as the case may be, should preferably be decided within six months, however, in the instant case, the appeal is pending since January, 2023 and on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.2/Addl. Commissioner (Administration), Ayodhya Mandal, Ayodhya to decide the Appeal No.289 of 2023 (Abdul Rahman & other Vs. Mohammad Shafiq & other), 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. 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 :- 8.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench