JAGMOHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS
A227/3811/2025 · 2025-06-09
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145283 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145283 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3811 of 2025 Petitioner :- Jagmohan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Petitioner :- Dinesh Kumar,Rajesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Dinesh Kumar, learned counsel for the petitioners and Shri Yogesh Kumar Awasthi, learned standing counsel appearing on behalf of State-respondents. 2. The present writ petition has been filed, inter alia, for the following relief:
"(i) To issue an order or direction the opposite party no. 2 for decided / disposal pending Suit No. 3365/2025, Computer Suit No. T202510640303365 (Ram Lakhan etc. Vs. Lalji etc.) under Section 24 of the U.P. Revenue Code, 2006 Land Gata No. 452 area 0.705 hect. Revenue Village Gaur, Choakhadiya, Pargana Tambour, Tehsil Laharpur District Sitapur which is pending before the opposite party no. 2 just and proper in the interest of justice. (ii) To issue an order or direction the opposite parties are not dispossession / disturbance / in peaceful possession and not change of land nature during the pendency in this suit No. 3365/2025 the before opposite party no. 2 just and proper in the interest of justice."
3. Submission of the learned counsel for the petitioner is that the proceeding under Section 24 of the U.P. Revenue Code, 2006 is pending for disposal before the Sub Divisional Magistrate Laharpur, District Sitapur / respondent no. 2 since
17.03.2025. 4. Sub-Section (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under:
"(3). Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within (three months) from the date of the application."
5. There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 6. Learned Standing Counsel submits that he has no objection if a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 5 and 6 is dispensed with. 8.
Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 9. Accordingly, without adverting on merits of the case and with the consent of the learned counsels present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Magistrate Laharpur, District Sitapur / respondent no. 2 to conclude the proceeding under Section 24 of the U.P. Revenue Code, 2006, strictly in accordance with law, by a reasoned order, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 9.6.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad, Lucknow Bench