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2025 DAILYLAW 144347 (ALL)

SUBHASH CHANDRA AND 4 OTHERS v. ADDITIONAL COMMISSIONER (ADMINISTRATION) DEVI PATAN MANDAL,GONDA AND 3 OTHERS .

A227/3698/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33629 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3698 of 2025 Petitioner :- Subhash Chandra And 4 Others Respondent :- Additional Commissioner (Administration) Devi Patan Mandal,Gonda And 3 Others . Counsel for Petitioner :- Diwakar Prasad Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioners 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 petitioners is permitted to implead the aforesaid party in the memo of this petition during the course of the day. Heard learned counsel for the petitioners 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 of direction or any other appropriate order or direction there by to direct Opposite Party No.1 i.e. Additional Commissioner (Administration) Devi Patan Mandal, Gonda/concerned court to decide the Case No. 1383 of 2022 (Computerized Case No. C202208000001383) Ram Sajan Vs. Ram Karan and Others, U/s- 207 U.P. Revenue Code, 2006 pending before Opposite Party No.1 to decide expeditiously in time bond manner (copy of appeal of memo contained as Annexure No.1 to this petition)." Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the appeal is pending since 2022 and on account of pendency of the same, the petitioners, as stated, are 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/Additional Commissioner (Administration), Devi Patan Mandal, Gonda to consider and decide the Case No. 1383 of 2022, Computerized Case No. C202208000001383 (Ram Sajan Vs. Ram Karan 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 six 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