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2025 DAILYLAW 143575 (ALL)

EJAJ AHMAD v. SUB DIV. OFFICER KUNDA DISTT. PRATAPGARH AND 11 OTHERS

A227/3540/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33642 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3540 of 2025 Petitioner :- Ejaj Ahmad Respondent :- Sub Div. Officer Kunda Distt. Pratapgarh And 11 Others Counsel for Petitioner :- Atiya Abid,Safiya Abid Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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) issue a direction to the opposite party No. 1 i.e. Sub-Divisional Officer Kunda, District- Pratapgarh to decide the pending Appeal No. 8480 OF 2024 (COMPUTERIZED NO. T202402570108480) under section 35(2) of Uttar Pradesh Revenue Code 2006 "Ejaj Ahmad Versus Mohd. Aslam & others" since 23.7.2024, expeditiously within stipulated period as early as possible." It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since July 2024 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending appeal within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. 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 observations, the petition is disposed of. Order Date :- 30.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench