Suresh Kumar Verma v. Naib Tehsildar, Tehsil- Bhiti, Ambedkar Nagar and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5227 of 2023 Petitioner :- Suresh Kumar Verma Respondent :- Naib Tehsildar, Tehsil-Bhiti, Ambedkar Nagar And Another Counsel for Petitioner :- Pankaj Patel 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. By means of the instant petition, the petitioner seeks expeditious disposal of Case No. RST/1897/2022, Computerized Case No. T202204040501897 (Suresh Kumar Verma Vs Nohra Devi) under Section 34 of U.P. Revenue Code, 2006 (in short 'Code of 2006') pending before the respondent No.1/Naib Tehsildar, Tehsil Bhiti, District Ambedkar Nagar, pending since 2022. It appears from the record that on 29.07.2022 a final order was passed in a mutation case and on coming to know about the said order, the petitioner preferred an application dated

30.09.2022 for recalling of order dated 29.07.2022 and the same is pending disposal till date and on account of pendency of the application in issue, the petitioner is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending application. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the respondent No.-1/Naib Tehsildar, Tehsil Bhiti, District Ambedkar Nagar is directed to consider and decide the Case No. RST/1897/2022, Computerized Case No. T202204040501897 (Suresh Kumar Verma Vs Nohra Devi) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within 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