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2025 DAILYLAW 176770 (ALL)

ISHWAR DEEN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

/90/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 529 BNSS No. - 90 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to issue a direction to the Pargana Magistrate, Tehsil Sandila, District Hardoi to decide the application dated 07.04.2025 filed by the Petitioner alongwith the other under Section 152 BNSS (old Section 133 Cr.P.C.) praying therein that the illegal construction/encroachment may be removed from public passage as stated in the application." Considering the facts as stated, particularly the period of pendency of the case, which appears to be pending since April 2025, this petition is disposed of with direction to authority concerned/court, to consider and decide the pending case in issue, as indicated in the prayer clause, quoted above, most expeditiously as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India. 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. November 28, 2025 Jyoti/- Versus Counsel for Applicant(s) : R.N. Shukla, Kuldeep Dubey Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Ishwar Deen .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench