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2025 DAILYLAW 143682 (ALL)

SMT. PRABHAVATI ALIAS PRABHA BEN v. S.D.M., KUNDA PRATAPGARH AND 11 OTHERS

A227/3669/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34058 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3669 of 2025 Petitioner :- Smt. Prabhavati Alias Prabha Ben Respondent :- S.D.M., Kunda Pratapgarh And 11 Others Counsel for Petitioner :- Manoj Kumar Dixit Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. 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) ISSUE an order or direction to Sub District Magistrate, Kunda, District Pratapgarh to the decide the case of petitioner bearing no. T- 202402570103150/2021 (Smt. Prabhavati .....Vs...... Susheela Devi and others) filed on 22.6.2021 pending before him within early priod prescribed by this Hon'ble Court." Taking note of Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, as per which, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since June, 2021 and on account of pendency of the aforesaid case, petitioner, as stated, who is a lady aged about 60 years, 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.1/Sub District Magistrate, Kunda, District Pratapgarh to consider and decide the Case No. T- 202402570103150/2021 (Smt. Prabhavati .....Vs...... Susheela Devi and others) 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 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 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