KHALEEL AND ANOTHER v. STATE OF U.P. THRU. COLLECTOR, BAHRAICH AND 41 OTHERS
A227/2874/2025 · 2025-05-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139915 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139915 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28522 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2874 of 2025 Petitioner :- Khaleel And Another Respondent :- State Of U.P. Thru. Collector, Bahraich And 41 Others Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State/opposite party Nos.1 and 2 and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondents is hereby dispensed with. By means of this petition, the petitioner seeks following main relief :-
"a. Direct the opposite party no.1 i.e. Additional Commissioner Devipatan Mandal, Gonda to decide the Appeal No.222/2024, Computerized Case No.C-202408000000222, Khaleel and others V/s Nizamuddin and others, under section 331(1) of U.P. Z.A. & L.R. Act, 1950, relating to Village-Singhaparasi, Pargana, Tehsil and District-Bahraich expeditiously within a period as fixed by this Hon'ble court, in the interest of justice." It is stated that as per para 458 (2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending from 2024 and on account of pendency of the same, the petitioners are suffering great hardship. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel submits that he has no objection in case an expedite
order is passed. Considering the facts and circumstances of the case, 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 opposite party no.2/Additional Commissioner , Devipatan Mandal, Gonda to decide the Appeal No.222/2024 (Computerized Case No.C- 202408000000222) (Khaleel and others Vs. Nizamuddin 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. 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 :- 15.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench