KAMAL KISHORE v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS
A227/2707/2025 · 2025-05-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138858 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26989 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2707 of 2025 Petitioner :- Kamal Kishore Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Dinesh Kumar,Rajesh Kumar 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 Nos.1 to 3 and perused the record. In view of order proposed to be passed, issuance of notice to the private- opposite parties is hereby dispensed with. By means of this petition, the petitioner seeks following main reliefs:-
"(i) To issue an order or direction the opposite party No.2 decide / disposal pending Suit No. 278/2024 Kamal Kishore Vs. Rajeshwari) U/s 24 U.P. Revenue Code-2006 in Gata No. 505 Revenue Village Bhamboura, pargana Pirnagar Tehsil - Sidhauli, District Sitapur within period 3 months in disposal proceeding according of law recorded U/s 24 U.P. Revenue Code 2006 just and proper in the interest of justice." Taking note of Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, as per which, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since December, 2024 and on account of pendency of the aforesaid case, 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.2/Sub Divisional Magistrate, Sidhauli, District-Sitapur to consider and decide the Suit No. 278/2024 (Kamal Kishore Vs. Rajeshwari), 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 three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this 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