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2025 DAILYLAW 139916 (ALL)

GULAM ASGER v. BOARD OF REVENUE THRU. CHAIRMAN U.P. LKO. AND 11 OTHERS

A227/2864/2025 · 2025-05-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28498 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2864 of 2025 Petitioner :- Gulam Asger Respondent :- Board Of Revenue Thru. Chairman U.P. Lko. And 11 Others Counsel for Petitioner :- Pankaj Verma,Kuldeep Kumar Srivastava,Mangal Sen Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Learned learned counsel for the petitioner, learned Standing Counsel for the State/opposite party No.1 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 :- "i. Issue an order or direction to Learned Board of Revenue U.P. Lucknow i.e. opposite party no.1 to decide and conclude the Revision No. 90 of 1997-98, "Gulam Asger and another Vs. Ahetesam Ahmad and others" under section 219 of U.P. Land Revenue Act, pending before court of opposite party no.1 since 01.01.1998, contained as Annexure No.2 to this petition, within a stipulated 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 since 01.01.1998 and on account of pendency of the same, the petitioner is 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 Board of Revenue, U.P., Lucknow to decide the Revision No. 90 of 1997- 98, (Gulam Asger and another Vs. Ahetesam Ahmad 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