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2025 DAILYLAW 139974 (ALL)

KAMRUDDIN v. STATE OF U.P. THRU. DISTT. MAGISTRATE BALRAMPUR AND 17 OTHERS

A227/2875/2025 · 2025-05-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28538 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2875 of 2025 Petitioner :- Kamruddin Respondent :- State Of U.P. Thru. Distt. Magistrate Balrampur And 17 Others Counsel for Petitioner :- Ratnesh Singh,Pranav Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, 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 :- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant petition U/A- 227 of the Constitution of India by directing the Sub Divisional Officer, Tehsil- Utraulla, District- Balrampur (opp. party no. 2) to decide the Suit no. RST/129/1997-1998 (Computerized Case No. T201108100303792), Mohd. Ahmad V/s Kamruddin & others, filed under section 229 (B) U.P. Zamindari Abolition and Land Reforms Act, 1950, expeditiously as early as possible, in the interest of justice." It is stated that as per para 458 (1) of U.P. Revenue Court Manual, case in issue should preferably be decided within a period of one year. However, in the instant case, the case is pending since 31.03.1998 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 opposite party No.2/Sub Divisional Magistrate, Tehsil-Utraula, District Balrampur to decide the Suit No.RST/129/1997-1998 (Computerized Case No. T201108100303792) (Mohd. Ahmad V/s Kamruddin & 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. 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