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2025 DAILYLAW 139455 (ALL)

NIRMALA DEVI @ NIRMALA PANDEY AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY., REVENUE DEPTT., LKO. AND OTHERS

A227/2776/2025 · 2025-05-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27605 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2776 of 2025 Petitioner :- Nirmala Devi @ Nirmala Pandey And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lko. And Others Counsel for Petitioner :- Permeshwar Dutt Tewari,Manoj Kumar Gupta,Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners 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 an order or direction directing thereby to O.P. No. 2 to decide the Suit No. 22/83/202/2011-2012 (Gopi Krishna Vs. Jagdish Sahai and others) u/s 176 of U.P.Zamindari Abolition and Land Reforms Act filed on 13.01.2012 and the Counter Claim in the said suit on 12.11.2013 Contained in Annexure No. 1 and 2 respectively at the earliest within the time period stipulated by this Hon'ble Court, in the interest of justice." Taking note of the fact that suit for partition instituted in wayback in the year 2012 has not been decided till date and on account of pendency of the same, the petitioners, as stated, who are ladies aged about 70 and 61 years, respectively, are 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 Officer, Sadar, Faizabad (now Ayodhya) to consider and decide the Suit No. 22/83/202/2011-2012 (Gopi Krishna Vs. Jagdish Sahai and 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 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 :- 12.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench