Teehul v. Sub Divisional Officer, Tehsil Jalalpur, Ambedkar Nagar and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5269 of 2023 Petitioner :- Teehul Respondent :- Sub Divisional Officer, Tehsil Jalalpur, Ambedkar Nagar And 2 Others Counsel for Petitioner :- Maneesh Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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 petitioners seek expeditious disposal of Case No. 3216/2016, Computerized Case No. T201604467023216 (Teehul Versus Gaon Sabha and another), filed under Section 144 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Sub Divisional Officer, Tehsil Jalalpur, District Ambedkar Nagar, since 2016. It is stated by learned Counsel for the petitioner that a suit was instituted for declaration of right in regard to Gata No. 1778-Ka/ 0.095 hectare situated in Village Kishunpur Kabiraha, Pargana Surhurpur, Tehsil Jalalpur, District Ambedkar Nagar, by the petitioner in the month of November 2016, which is still pending and as per paragraph 458(1) of U.P. Revenue Court Manual, suit of such nature should be decided, within a period of one year from the date of filing the suit. As such, need of the present petition which has been filed seeking a direction to decide the case expeditiously. 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 aforesaid, the instant petition is disposed of with a direction to the Authority concerned to decide the pending suit within one year from the next date fixed in the case, if there is no other legal impediment in this regard after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. 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 observations, the petition is disposed of. Order Date :- 16.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench