SMT. SHYAMA DEVI AND ANOTHER v. SUB DIVISIONAL MAGISTRATE, TEHSIL SADAR, GONDA AND OTHERS
A227/4984/2025 · 2025-08-22
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159062 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159062 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49474 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4984 of 2025 Petitioner :- Smt. Shyama Devi And Another Respondent :- Sub Divisional Magistrate, Tehsil Sadar, Gonda And Others Counsel for Petitioner :- Aviral Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioners as well as learned Standing counsel for the State respondents.
2. In view of the proposed order notice to private respondents is dispensed with.
3. Present petition under Article 227 of the Constitution has been filed with following prayer:-
"Issue direction to opposite party no.1 Sub- Judicial Magistrate Tehsil Sadar District Gonda to decide the Case No.17578 / 2025, bearing computerized case no.T202508300417578 (Smt. Shyama Devi vs. Bindu Yadav) admitted on 14.07.2025 to dispose of the interim relief application within stipualted period of time which this Hon'ble Court deem proper in the circumstances of the case."
4. It has been submitted on behalf of the petitioner that the appeal preferred by the petitioner under Section 210 of U.P.Z.A. and L.R. Act has been admitted but till date no interim order has been passed on the application for interim relief while on the other hand interference is being caused by the respondents on the disputed property for which there is requirement for expeditious disposal of the interim relief application.
5. Learned State counsel does not oppose the aforesaid prayer.
6. Accordingly, considering the aforesaid submissions the petition is disposed of with a direction to respondent No.1 to consider and decided the application for interim relief with expedition, say within six weeks from the date service has been effected on the respondents, in case there is no legal impediment.
7. In case, it is not possible to decide the same within the time prescribed above, he shall decide the same within two weeks thereafter.
8. It is further provided that in case it is not possible to decide the application for interim relief the respondent No.1 shall consider passing ad interim injunction if a case is so made out. (Alok Mathur, J.) Order Date :- 22.8.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench