MOBIN AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE PRIN. SECY. LKO. AND 5 OTHERS
A227/3650/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143455 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143455 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33748 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3650 of 2025 Petitioner :- Mobin Ahamad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Prin. Secy. Lko. And 5 Others Counsel for Petitioner :- Sonu Gupta,Nitin Singh,Syed Mohammad Abid Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner says that Gaon Sabha concerned is left to be impleaded in this petition, as such, he may be permitted to implead the said party during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioner is permitted to implead the aforesaid party in the memo of this petition during the course of the day. 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):-
"(i) To direct the opposite party no.2/S.D.M., Musafirkhana, District-Amethi to remove the illegal endorsement dated 03.03.2025, in the interest of justice. (ii) To direct the opposite party no.2/S.D.M., Musafirkhana, District-Amethi to decide the application of the petitioner dated 28.04.2025 under section 38 of U.P. Revenue Code, 2006, regarding deletion of the illegal endorsement dated 03.03.2025 which is pending before him." Taking note of Rule 36(6) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006, as per which, the proceedings for correcting errors instituted under Section 38 of U.P. Revenue Code, 2006 should be concluded within 45 days, and on account of pendency of the same, the petitioner, as stated, 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.2/Sub Divisional Magistrate, Tehsil- Masafirkhana, District- Amethi to consider and decide the application of the petitioner, as indicated in the prayer clause of this petition, quoted above, 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 maximum period of three 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 :- 30.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench