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2025 DAILYLAW 143153 (ALL)

RAM DULARE v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 6 OTHERS

A227/3641/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33893 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3641 of 2025 Petitioner :- Ram Dulare Respondent :- State Of U.P. Thru. Secy. Revenue Lko. And 6 Others Counsel for Petitioner :- Rakesh Kumar Saini Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. Present petition has been filed for the following main relief:- "(I). Direct the Opposite Party No.4 i.e. Sub District Magistrate, Tehsil and District Gonda to decide the Application filed under section 24 of U.P. Revenue Code 2006 in respect of measurement within a week and Hadbarari to demarcation the land Gata No. 391/0.2020 Нес, 405/2.031 Hec., 395/0.2160 Hec. i.e. 391 क/0.2020 Hec, 405/2.031 Hec., 3955 / 0.2160 Нес. situated at Village Tirre Manorama, Pargana, Tehsil and District Gonda which is pending since 09.07.2021before the Opposite Party No.4, expeditiously within three months, (Contained in Annexure No. 1 to this petition)" It is stated that as per Section 24(3) of the U.P. Revenue Code, 2006 the demarcation proceedings, being summary in nature, should be decided preferably within a period of 90 days, however, the application for demarcation has not been decided till date, which is pending since July, 2021 and on account of pendency of the aforesaid case, petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.4-Sub District Magistrate, Tehsil and District-Gonda to consider and decide the Demarcation Application dated 09.07.2021, most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this 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 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench