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2025 DAILYLAW 139494 (ALL)

RAJENDRA SINGH @ RAJENDAR SINGH v. SUB DIVISIONAL OFFICER, (JUDICIAL), TEHSIL MAHARAJGANJ, RAEBARELI AND OTHERS

A227/2752/2025 · 2025-05-09

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27266 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2752 of 2025 Petitioner :- Rajendra Singh @ Rajendar Singh Respondent :- Sub Divisional Officer, (Judicial), Tehsil Maharajganj, Raebareli And Others Counsel for Petitioner :- Anjani Kumar Srivastava Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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):- "a. issue order an direction or in the appropriate nature thereby commanding Opposite Party No.1 to the decide case No.1083/2023, Computer case No. T202310580101083 under section 144/116 of U.P. Revenue Code, 2006 (Rajendra Singh and others Vs Satyendra Singh and others) along with pending applications, which is pending since the year 2022 before him, expeditiously, preferably with in a six months, contained as Annexure no.1 to this petition." 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 2022 and on account of pendency of the same, the petitioner, as stated, who is aged about 73 years, 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 Officer, (Judicial), Tehsil Maharajganj, Raebareli to consider and decide the Case No. 1083/2023, Computerized Case No. T202310580101083 (Rajendra Singh and others Vs Satyendra Singh 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 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 :- 9.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench