Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164630 (ALL)

SHIV CHANDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

A227/5559/2025 · 2025-09-16

Manjive Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5559 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Jitendra Bahadur Singh, learned counsel for the petitioner, learned Standing Counsel for Respondents No. 1, 2 and 3 and Sri Tushar Kant Mishra, learned counsel for Respondent No. 4. 2. In view of the order proposed, notice to Respondents No. 5 and 6 is dispensed with. 3. The captioned writ petition has been filed by the petitioner interalia praying therein for the following relief:- " 1) Direct the Opposite Party No.3 / Sub Divisional Magistrate, Sadar, District Ayodhya, to decide the Case No. 202504230001200, 'Shiv Chandra Vs State of UP & others', under section 144 of U.P Revenue Code, 2006, pending before him since 15.11.2022, expeditiously within time stipulated by this Hon'ble Court" 4. It has been contended on behalf of the petitioner that the suit for declaration under Section 144 of the U.P. Revenue Code, 2006 was filed by the petitioner in the year 2022 and since then the same is pending and has not been decided. 5. Learned counsel appearing for the petitioner has argued that in view of the provisions made in sub-clause 1 of the Paragraph 458 of the U.P. Revenue Court Manual, it is obligatory on Respondent No. 3 to hear and decide the declaration suit within a period of one year. 6. Learned Standing Counsel appearing for the State-respondents does not have any objection, if a direction issued by this Court thereby commanding Versus Counsel for Petitioner(s) : Jitendra Bahadur Singh Counsel for Respondent(s) : C.S.C., Tushar Kant Mishra Shiv Chandra Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) the Respondent No. 3 to hear and decide the petitioner's suit within a time frame fixed by this Court. 7. I have considered the submissions made by the learned counsel for the parties and I find that the suit filed under Section 144 of the U.P Revenue Code, 2006 is pending before Respondent No. 3 since the year 2022. I further find that the sub-clause 1 of the Paragraph 458 of the U.P. Revenue Court Manual provides that declaratory suits are to be decided within a period of one year. 8. In view of the aforesaid reasons, this writ petition is finally disposed of with a direction to Respondent No. 3 to hear and decide the Case No. 202504230001200 expeditiously, preferably within a period of one year from the date of presentation of a certified copy of this order, provided there is no legal impediment. September 16, 2025 Anuj Singh A227 No. 5559 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench