GIRJA DEVI VIDYALAYA THRU. MANAGER RAJIV KUMAR MISHRA v. SUB DIVISIONAL MAGISTRATE TEHSIL-HASANGANJ DISTT. UNNAO AND ANOTHER
A227/3747/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144513 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144513 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33670 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3747 of 2025 Petitioner :- Girja Devi Vidyalaya Thru. Manager Rajiv Kumar Mishra Respondent :- Sub Divisional Magistrate Tehsil-Hasanganj Distt. Unnao And Another Counsel for Petitioner :- Rajendra Pratap Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard. The present petition has been filed for the following main relief:-
"To issue a order or direction to the opposite party no.1 i.e. Sub Divisional Magistrate, Tehsil-Hasanganj District-Unnao to decide the Case filed Under Section 101 of Uttar Pradesh Revenue Code 2006, Village- Mirjapur Kala, Pargana-Aasivan Rasulabad Tehsil-Hasanganj District- Unnao for exchange of land in favor of the Girja Devi Vidyalaya, Mirjapur Kala, Unnao which is pending since 20.07.2022 as earliest as possibleas, contained as Annexure no 1 to this petition." Taking note of the spirit of the Section 101 of U.P. Revenue Code, 2006 (in short 'Code of 2006') as also that for the purposes of deciding the application preferred under this Section, the time limit has not been provided in the Code of 2006 itself as also in the Rules made thereunder namely U.P. Revenue Code Rules 2016 and according to paragraph 479 of U.P. Revenue Code Rules 2016, to the view of this Court, such type of case should be decided preferably within three months. Accordingly, the present is disposed of with direction to opposite party no.1/Sub Divisional Magistrate, Tehsil- Hasanganj District-Unnao to consider and decide the pending case in issue, quoted in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, 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/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench