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Natha v. Addl. Commissioner ( Judicial ) Ayodhya Division, Ayodhya and 15 Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
12 October 2023
Bench
Saurabh Lavaniaauthor
Case no.
5200/2023

Judgment

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5200 of 2023 Petitioner :- Natha Respondent :- Addl. Commissioner ( Judicial ) Ayodhya Division, Ayodhya And 15 Others Counsel for Petitioner :- Parma Nand Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been preferred for expeditious disposal of application for interim relief dated 12.07.2023 filed in Appeal No.1605/2023 filed under Section 207 of U.P. Revenue Code, 2006 which is pending before respondent No. 1. Submission of learned counsel for the petitioner with regard to main relief sought is to the effect that the revision, in issue, was filed on 12.07.2023 as appears from the certified copy of the order sheet and in revision, several dates have been fixed and no effective order has been passed including the order on admission as also on the application of the interim relief preferred by the petitioner along with memo of revision on account of reasons beyond the control of the petitioner. He further submitted that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with Para 458(2) of U.P. Revenue Court Manual, a revision or appeal should be decided preferably within a period of six months and in the instant case, even the order on admission has not been passed, as such indulgence of this Court is required. Taking note of the aforesaid fact as also that three months have been passed but no order has been passed on application for interim relief and on admission of revision and as also that the petitioner is a senior citizen aged about 76 years, this Court is of the view that the indulgence of this Court is required. Accordingly, the present petition is disposed of with direction to the respondent No.1-Additional Commissioner (Judicial), Ayodhya Division, Ayodhya to consider and decide the issue of admission as also the prayer for interim relief sought by the revisionist/petitioner in Revision No.1605/2023, 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 one month from the next date fixed in the case, if there is no other legal impediment. 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 :- 12.10.2023 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.