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2025 DAILYLAW 139527 (ALL)

RAM FER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/2789/2025 · 2025-05-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27614 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2789 of 2025 Petitioner :- Ram Fer Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Sachin Kumar Mishra,Rishi Raj Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Anurag Kumar Maurya, 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) To direct the opposite party No.2 "Sub Divisional Magistrate (Revenue), Tarabganj, District-Gonda" to decide the Case No. RST/5185/2021 (CNR No- T202108300605185) 'Ramfer Versus Gram Sabha and Others' pending before him under Section 24 of U.P Revenue Code 2006, within a stipulated time as prescribed by this Hon'ble Court." 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 2021 and on account of pendency of the same, 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 (Revenue), Tarabganj, District-Gonda to consider and decide the Case No. RST/5185/2021 (CNR No-T202108300605185) (Ramfer Versus Gram Sabha 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 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 :- 12.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench