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2025 DAILYLAW 144693 (ALL)

NAJAMIN BANO W/O EJAZ v. SUB DIVISIONAL OFFICER TEHSIL KUNDA DIST. PRATAPGARH AND 4 OTHERS

A227/3760/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33656 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3760 of 2025 Petitioner :- Najamin Bano W/O Ejaz Respondent :- Sub Divisional Officer Tehsil Kunda Dist. Pratapgarh And 4 Others Counsel for Petitioner :- Dileep 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:- "To direct the opposite party No.1 i.e. Sub Divisional Officer, Tehsil - Kunda, District Pratapgarh to decide the interim application dated 19.04.2025 filed in appeal bearing case no 8810/2025 (computerized no T202502570108810), "Najamin Bano Vs. Imran Mansur Khan and others", under section 35(2) of U.P. Revenue Code, 2006, pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No. 1)" Taking note of the fact of the case as also that during the pendency of the appeal rights of parties should be preserved as held by the Apex Court in the case of Moolchand Yadav & Another v. Raza Buland Sugar Co. Ltd., Rampur and others, reported in (1982) 3 SCC 484 as also that the authority who can pass the final order can also pass interim order as held by the Division Bench of this Court in the case of Vinod Kumar Bhalotia vs. State of U.P., reported in 2000 (18) LCD 532, the petition is disposed of with a direction to the opposite party No.1/Sub Divisional Officer Tehsil Kunda District Pratapgarh to decide the interim relief application in the pending Revision No. 845/2025 if possible on the next date fixed in the case and if for any reason it is not possible on the next date, then it shall be decided within one month, after affording opportunity of hearing to the parties. With the aforesaid, the petition is disposed of. Before parting it would be apt to observed that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with Para 458(2) of U.P. Revenue Court Manual, a revision or appeal should be decided preferably within a period of six months. Order Date :- 30.5.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench