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2025 DAILYLAW 138700 (ALL)

NIRDESHIKA SINGH v. STATE OF U.P. THRU. COLLECTOR, DISTT. AYODHYA AND 4 OTHERS

A227/2660/2025 · 2025-05-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26118 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2660 of 2025 Petitioner :- Nirdeshika Singh Respondent :- State Of U.P. Thru. Collector, Distt. Ayodhya And 4 Others Counsel for Petitioner :- Kripa Shankar Shukla,Aneeta Yadav Counsel for Respondent :- C.S.C.,Mohan Singh 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 a suitable order or direction, thereby direct the opposite party No. 2 i.e. Sub Divisional Magistrate, Tehsil- Milkipur, District Ayodhya to decide the Case No. 02650 of 2020 Computerized Case No. T202004230402650 under section 144 of U.P. Revenue Code 2006 Vijay Kumar Singh & Anr. Vs. Vimla Devi & others which is pending since 15.07.2020 within stipulated time, in the interest of justice." Taking note of para 458(1) of U.P. Revenue Court Manual, as per which, a suit preferred for declaration of rights should preferably be decided by the revenue court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2020 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 Authority/Court namely Sub Divisional Magistrate, Tehsil- Milkipur, District- Ayodhya to consider and decide the Case No. 02650 of 2020, Computerized Case No. T202004230402650 (Vijay Kumar Singh & Anr. Vs. Vimla Devi & others) 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 one year 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