Shakuntala v. State of U.P. Thru. District Magistrate, Sultanpur and 3 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5226 of 2023 Petitioner :- Shakuntala Respondent :- State Of U.P. Thru. District Magistrate, Sultanpur And 3 Others Counsel for Petitioner :- Saubhagya Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Notice on behalf of the respondent nos. 1 and 2 has been accepted by office of learned Chief Standing Counsel and Sri Mohan Singh, learned Advocate has accepted notice on behalf of respondent no. 3/Gaon Sabha. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Computerized Case No. T202304680403415 (Shakuntala Versus State of U.P. and Others), filed under Section 24 of the U.P. Revenue Code, 2006 (in short 'Code of 2006') pending before the respondent No.2/Sub Divisional Magistrate, Kadipur, District Sultanpur, since 16/06/2021. Taking note of the fact that case in issue i.e. Computerized Case No. T202304680403415 (Shakuntala Versus State of U.P. and Others), was instituted under Section 24 of the Code of 2006 on 16.06.2021 and as per Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016, the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since June, 2021, the respondent No.-2 is directed to consider and decide the pending Computerized Case No. T202304680403415 (Shakuntala Versus State of U.P. and Others), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed 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 :- 13.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench