RINA PAL v. SUB DIVISIONAL MAGISTRATE, BAHRAICH AND ANOTHER
A227/5532/2025 · 2025-09-16
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164866 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5532 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Rajendra Prasad Lodhi, learned counsel for the petitioner and learned Standing Counsel for Respondent No. 1. 2. In view of the order proposed, notice to Respondent No. 2 is hereby dispensed with. 3. The captioned` petition has been filed by the petitioner inter alia praying therein for the following relief:-
"i. Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct opposite party no. 1/ Learned Sub-Divisional Magistrate Bahraich / Concerned Court District- Bahraich to Decide the Suit No. 9318/2025, Computerized case No. T202508150109318 Rina Pal V/S Fajeel Ahmad and another Situated at- Tulsipur, Dakhila - Raipur, Pergana and Tehsil- Bahraich, District- Bahraich pending before O.P. No.1 to Expeditiously decide in time bound manner. Copy of Application U/S-24 U.P. Revenue Code 2006 is Contained as Annexure No.1 to this petition."
4. It has been contended on behalf of the petitioner that the case under Section 24 of the U.P. Revenue Code, 2006 has been filed by the petitioner in the year 2023 before the Sub-Divisional Magistrate, Bahraich but the same is pending and has not been decided even after laps of two years. 5. Learned counsel appearing for the petitioner has argued that under Section 24(3) of the U.P. Revenue Code, 2006, it has categorically been provided that the demarcation proceedings instituted under Section 24(1) of the Act of 2006 are to be concluded within a period of three months and if it is not possible, the authority concerned shall record reasons for not doing so in the Versus Counsel for Petitioner(s) : Rajendra Prasad Lodhi Counsel for Respondent(s) : C.S.C. Rina Pal .....Petitioner(s) Sub Divisional Magistrate, Bahraich And Another .....Respondent(s)
order-sheet, but in the present case, without assigning any reason, the case has been kept pending since the year 2023 and has not been decided till date. 6. Sri Yogesh Awashi, learned Standing Counsel for Respondent No. 1, at the very outset, has submitted that the ends of justice would be served if a direction is issued by this Court thereby commanding Respondent No. 1 to hear and decide the petitioner's case within a time frame fixed by this Court. 7.
I have considered the arguments advanced by the learned counsels for the parties and I find that the case filed by the petitioner under Section 24(1) of the U.P. Revenue Code, 2006 is pending before Respondent No. 1 since the year 2023. I further find that the legislature itself has provided a time limit in Section 24(3) of the U.P. Revenue Code, 2006, wherein, it has been provided that the demarcation proceedings are to be decided within a period of three months and if it is not possible, the authority concerned shall record reasons in the order-sheet. 8. I have seen the order sheet annexed by the petitioner in this petition but I do not find any reason for non disposal of the case. 9. In view of the aforesaid reasons, this petition is finally disposed of with a direction to Respondent No. 1 to hear and decide the Suit No. 9318/2025, Computerized case No. T202508150109318 Rina Pal V/S Fajeel Ahmad and another, expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order, provided there is no legal impediment. 10. It is made clear that this Court has not adjudicated the matter on the merits of the case. September 16, 2025 Anurag A227 No. 5532 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench