SUSHIL KUMAR AGARWAL v. SUB DIVISIONAL MAGISTRATE, TAHSIL SADAR DISTT. LUCKNOW AND 4 OTHERS
A227/3737/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144571 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33881 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3737 of 2025 Petitioner :- Sushil Kumar Agarwal Respondent :- Sub Divisional Magistrate, Tahsil Sadar Distt. Lucknow And 4 Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. 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):-
"Direct the opposite party No. 1 i.e. Sub-Divisional Magistrate, Tahsil- Sadar, District-Lucknow to decide the Case No. 3002/2025, computerized Case No. T202510460203002 (State of U.P. Versus Vishal Kapoor and others), Under Section-38 (1) of U.P. Revenue Code, 2006 which is pending before him since 27.01.2025 within stipulated period of time as fixed by this Hon'ble Court, in the interest of justice, as contained in Annexure No. 4 to this petition." Taking note of Rule 36(6) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006, as per which, the proceedings for correcting errors instituted under Section 38 of U.P. Revenue Code, 2006 should be concluded within 45 days, however, in the instant case, the proceedings of such nature are pending since 27.01.2025 and on account of pendency of the same, the petitioner, 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-Divisional Magistrate, Tahsil-Sadar, District-Lucknow to consider and decide the case in issue, detailed in the prayer clause, 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 maximum period of 45 days 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. Order Date :- 30.5.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench