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2025 DAILYLAW 139662 (ALL)

NISAR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/2770/2025 · 2025-05-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27719 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2770 of 2025 Petitioner :- Nisar Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Abdul Alim Khan,Mohd. Vakar Khan Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner(s) 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Opposite Party No.2/learned Additional Commissioner Devi Patan Division Gonda, District- Gonda to decide the stay vacation application dated 30.12.2024, filed in Appeal No. 2218/2024 (Computerized No. 202408000002218) "Smt. Pushpa Devi & others Vs. Nisar Ahmad & others" filed under section 207 of U.P. Revenue Code, 2006 pending before him since 2024 on the next date fixed or within stipulated time to be fixed by this Hon'ble Court, in the interest of justice." Taking note of the facts and circumstances of the case and period of pendency of the application in issue as well as that the petitioner is a senior citizen, the instant petition is disposed of with a direction to the Authority concerned namely Additional Commissioner Devi Patan Division Gonda, District- Gonda to consider and decide the stay vacation application in issue dated 30.12.2024, indicated in above quoted prayer clause of this petition, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party within a period of two 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