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2025 DAILYLAW 142629 (ALL)

SIYARAM v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO AND 3 OTHERS

A227/3518/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33437 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3518 of 2025 Petitioner :- Siyaram Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 3 Others Counsel for Petitioner :- Ashutosh Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard Sri Gaurav Joshi, learned Advocate, holding brief of Sri Ashutosh Mishra, learned Counsel for the petitioner, Sri Anurag Kumar Verma, learned State Counsel and perused the records. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(i) to issue an order or direction commanding opposite party No. 3 to decide the Suit No.13378 of 2024, computerized case No. T202404120113378 (Siyaram Versus Goan Sabha Barbasauli and others) u/s 144, UP Revenue Code pending before Learned Sub Divisional Magistrate, Tehsil- Nawabganj, District- Barabanki within stipulated period in the interest of justice." It is stated that as per para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2024 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue. 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 Authority/Court to consider and decide the Suit No.13378 of 2024, computerized case No. T202404120113378 (Siyaram Versus Goan Sabha Barbasauli and others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one year 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 :- 30.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench