Ram Tirath v. UP Ziladhikari, Tahisil Kadipur, Sultanpur and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5103 of 2023 Petitioner :- Ram Tirath Respondent :- Up Ziladhikari, Tahisil Kadipur, Sultanpur And 2 Others Counsel for Petitioner :- Rajesh Kumar,Kajal Soni Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the Up Ziladhikari Kadipur, District Sultanpur to decide the Case No. T 202004680400905 (Santosh Kumar versus Village Panchayat and others) U/S 67(Ka) of Uttar Pradesh Revenue Code 2006, which is pending since 2020, as expeditious as possible or within a period as stipulated by this Hon'ble Court." On being asked, Sri Praful Yadav, learned Additional Chief Standing Counsel stated that proceedings in issue, which relates to Section 67 of U.P. Revenue Code, 2006 ( in short 'Code of 2006') should preferably be decided within 90 days and in this case in issue i.e. Case No. T 202004680400905 (Santosh Kumar versus Village Panchayat and others), a final order was passed on 30.07.2020 and thereafter an application for recall of final order dated 30.07.2020 was preferred alleging it to be an ex-parte order and the same is pending consideration, which should be disposed of within a reasonable time. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.-1/Up Ziladhikari Kadipur, District Sultanpur to consider and decide the pending application in Case No. T 202004680400905 (Santosh Kumar versus Village Panchayat and others) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties 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 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench