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2025 DAILYLAW 138902 (ALL)

LALTA PRASAD v. SUB DIVISIONAL MAGISTRATE, TEHSIL KUNDA, PRATAPGARH AND OTHERS

A227/2731/2025 · 2025-05-09

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27254 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2731 of 2025 Petitioner :- Lalta Prasad Respondent :- Sub Divisional Magistrate, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Suresh Sharma,Aakanksha Verma Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, 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 direction to direct the opposite party no. 2 to decide the Case No. 4942/2025, Computerized Case No. T 202502570104942, Lalta Prasad Vs. Tirath Lal & others" U/S- 24 of the U.P. Land Revenue Code, 2006 which is pending before the Opposite party no.1 i.e. Sub-Divisional Magistrate, Kunda, District- Pratapgarh, since long time, within stipulated time, 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 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/Sub- Divisional Magistrate, Kunda, District-Pratapgarh to consider and decide the Case No. 4942/2025, Computerized Case No. T 202502570104942 (Lalta Prasad Vs. Tirath Lal & 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 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 :- 9.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench