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2025 DAILYLAW 140984 (ALL)

SHANTI DEVI MAURYA v. STATE OF U.P. THRU. SECY. OF REVENUE DEPTT., LKO. AND OTHERS

A227/3055/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30131 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3055 of 2025 Petitioner :- Shanti Devi Maurya Respondent :- State Of U.P. Thru. Secy. Of Revenue Deptt., Lko. And Others Counsel for Petitioner :- Uttam Kumar Pathak Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and 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 and humbly prayed that this Hon'ble Court may graciously be pleased to issue a direction to the opposite party No. 3 to decide the appeal No. nil/2024 Shanti Devi Vs Malti Devi & Others expeditiously within stipulated period which have filed against the order dated 08.07.2024 passed by Tehsildaar, pending since 26.07.2024 before court of Sub divisional officer Tehsil patti Distt. Pratapgarh, interest of justice." Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the appeal is pending since July, 2024 and on account of pendency of the same, the petitioner, as stated, who is a lady, 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.3/Sub Divisional Officer, Tehsil- Patti, District- Pratapgarh to consider and decide the appeal in issue, indicated in above quoted prayer clause of this petition, 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, 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 :- 21.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench