Kailasha v. State of U.P. Thru. Collector, Gonda and 4 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5121 of 2023 Petitioner :- Kailasha Respondent :- State Of U.P. Thru. Collector, Gonda And 4 Others Counsel for Petitioner :- Rajeev Kumar Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No.3572 of 2022, Computerized Case No.T-202208300663572 filed under Section 144 of U.P. Revenue Code, 2006, which is pending consideration before the respondent No.2. It is stated that as per para 458(1) of U.P. Revenue Court Manual, 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 April, 2022 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, 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.2-Sub Divisional Magistrate, Tehsil-Tarabganj, District-Gonda to consider and decide the Case No.3572 of 2022, Computerized Case No.T-202208300663572, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one year from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. 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. Order Date :- 10.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench