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2025 DAILYLAW 141776 (ALL)

VINDRA PRASAD v. RADHEY SHYAM PATHAK AND ANOTHER

A227/3527/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33696 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3527 of 2025 Petitioner :- Vindra Prasad Respondent :- Radhey Shyam Pathak And Another Counsel for Petitioner :- Vinod Kumar Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner submitted that he may be permitted to implead the necessary party in the petition as respondent. The prayer sought has not been opposed by learned counsels for side-opposite. Taking note of the aforesaid, this Court is of the view that the prayer sought is liable to be allowed and is accordingly allowed. Learned counsel for the petitioner is permitted to implead necessary party as respondents during the course of the day. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been filed seeking following main relief :- "a order or direction thereby commanding to the court concern to decide the Revision No.106(R)/1996-97, Under Section 219 L.R. Act filed by the late mother of the Opposite Party No.1 and 2 namely Shiv Patta, parties "Shiv Patta Versus Bindra Prasad" pending in the court of Board of Revenue, District Lucknow within stipulated time fixed by this Hon'ble Court." Taking note of the facts indicated in the present petition as also that as per Para 458(2) of U.P. Revenue Court Manual, a revision or appeal should be decided preferably within a period of six months and in the instant case, the revision is pending since 1996, 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, Uttar Pradesh, Lucknow to consider and decide the Revision No. 106(R)/1996-97, indicated in relief clause, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any 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 of the parties 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 :- 30.5.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench