DHARMENDRA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE AND 17 OTHERS
A227/3598/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143295 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143295 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33892 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3598 of 2025 Petitioner :- Dharmendra Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue And 17 Others Counsel for Petitioner :- Satyendra Kumar Tripathi,Vikram Dutt Pandey Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner(s) 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):-
"i. to issue a direction to Sub Divisional Officer, (Judicial), Tehsil Mahmudabad, Sitapur to decide a pending case under Sector 116 Revenue Code titled Dharmendra Kumar v. Mahendra Kumar & others case No. 2433/2025 Computerized no. T202510640602433 within a period of six months under Rule 109(10) of the Revenue Code Rules 2016 or a time stipulated by this High Court. ii. to issue a direction to Sub Divisional Officer, (Judicial), Tehsil- Mahmodabad, Sitapur to decide an application preferred under Order 39 CPC in a pending case under Sector 116 Revenue Code titled Dharmendra Kumar v. Mahendra Kumar & others case No. 2433/2025 Computerized no. T202510640602433 within a period of 15 days or a time stipulated by this High Court, because opposite parties no. 4 & 5 are attempting to change the nature of the land and cutting the green trees situated over the ancestral land of the petitioner, until partition of the land as per direction of this Hon'ble Court." Taking note of the facts and circumstances of the case and period of pendency of the application in issue, the instant petition is disposed of with a direction to the Authority concerned namely Sub Divisional Officer, (Judicial), Tehsil- Mahmodabad, Sitapur to consider and decide the stay application in issue, indicated in above quoted prayer clause of this petition, within a period of one month from the next date fixed in the case, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party. 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 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench