SANTU v. NYAYALAY S.D.M., TAHSIL MANKAPUR GONDA AND ORS.
A227/3632/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143840 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143840 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34026 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3632 of 2025 Petitioner :- Santu Respondent :- Nyayalay S.D.M., Tahsil Mankapur Gonda And Ors. Counsel for Petitioner :- Shitla Prasad Tripathi,Amresh Singh,Pawan Kumar Yadav 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 the direction to the opposite party No.1 to decide the case No.54/2005, (New Case No.RST/5477/2022 Computerized Cas No. T202208300705477), Santu Vs Manager Chadrabhangupt Vidyalaya and others U/s 229B U.P.Z.A.L.R. Act related to gata No.116 measuring area 0.599 situated at Village Nawar Khas Pargana Babhanipair Tahsil Mankapur District Gonda, expeditiously within stipulated period, which is contained as Annexure No.1 to this petition." Taking note of para 458(1) of U.P. Revenue Court Manual, as per which, a suit preferred for declaration of rights should preferably be decided by the revenue court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2022 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 Authority/Court concerned to consider and decide the Case No. 54/2005, (New Case No.RST/5477/2022, Computerized Case No. T202208300705477 (Santu Vs. Manager Chadrabhangupt Vidyalaya 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 one year 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