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2025 DAILYLAW 150945 (ALL)

RAVINDRA PRATAP SINGH v. ADDL. DISTRICT MAGISTRATE, FIRST, PRATAPGARH AND 11 OTHERS

CMRAD/119/2025 · 2025-07-23

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42224 Court No. - 13 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 119 of 2025 Applicant :- Ravindra Pratap Singh Opposite Party :- Addl. District Magistrate, First, Pratapgarh And 11 Others Counsel for Applicant :- Manjeet Singh Hon'ble Saurabh Lavania,J. (Civil Misc. Application for Condonation of Delay/I.A. No.1 of 2025) Finding the reasons/grounds mentioned in the affidavit filed in support of the application for condonation of delay to be sufficient for condoning the delay, the application for condonation of delay is allowed. The delay in filing the review application is condoned. (Order on the Review Application) Supplementary affidavit filed today is taken on record. This review application under Chapter V Rule 12 of the Allahabad High Court Rules, 1952 has been filed for reviewing the Judgment and Order dated 20.05.2025, passed by this Court in Matter Under Article 227 No.2959 of 2025 (Prabhat Kumar Singh Versus Additional District Magistrate, First, Pratapgarh & others). Order dated 20.05.2025 in relation to which the present review application under Chapter V Rule 12 of the Allahabad High Court Rules, 1952 has been filed, being relevant, is extracted herein under :- "Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, 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 a direction to the opposite party No.1 to decide the case bearing RST No. 553/2008-2009 (computerised Case No. D 200902570000060), Ram Kumar Singh vs. Smt. Ganpati Devi; filed under section 198 (4) of U.P.Z.A. & L.R. Act, 1950, at the earliest." Taking note of para 458(1) of U.P. Revenue Court Manual, as per which, a suit preferred for declaration of rights should preferably be decided by the revenue court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2009 and on account of pendency of the same, the petitioner, as stated, 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/Additional District Magistrate, First, Pratapgarh to consider and decide the Case No. 553/2008-2009, Computerized Case No.D 200902570000060) (Ram Kumar Singh vs. Smt. Ganpati Devi) 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 one year from the next date fixed in the case. 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" The above quoted order passed in the Matter Under Article 227 No.2959 of 2025 (Prabhat Kumar Singh Versus Additional District Magistrate, First, Pratapgarh and others) indicates that this Court expedited the pending proceedings of Case bearing RST No.553/2008-2009 (computerized Case No.D- 200902570000060) Rama Kumar Singh Vs. Smt. Ganpati Devi filed under Section 198 (4) of the U.P. Z.A. & L.R. Act, 1950. Present review application has been filed on the ground that the petitioner Prabhat Kumar Singh concealed the various orders passed by this Court after order dated 20.01.2017 whereby the Writ Petition filed by the review applicant i.e. Writ Petition No.912 (MS) 2004 (now Writ-C No.1000912/2004) (Smt.Ganpati Devi Vs. State) was dismissed for want of prosecution and the said petition is pending consideration before this court as appears from the grounds taken by the petitioner for seeking the prayer of review including the ground Nos.'N' and 'O'. From the record available before this Court it is apparent that till date neither the writ petition, i.e. Writ Petition No.912 (MS) 2004 (now Writ-C No.1000912/2004) (Smt.Ganpati Devi Vs. State), has been restored, nor there is any interim order of the writ court favourable to the review applicant. In this view of the matter, the review applicant has indicated incorrect facts. On a query put by this Court, the learned counsel for the review applicant has fairly stated that the said writ petition has not been restored. For the aforesaid reason, this court do not find any force in the review application. Accordingly, the civil misc. review application is dismissed. Order Date :- 23.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench