Sagir Ahmad v. State of U.P. Thru. District Magistrate, Amethi and 4 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5309 of 2023 Petitioner :- Sagir Ahmad Respondent :- State Of U.P. Thru. District Magistrate, Amethi And 4 Others Counsel for Petitioner :- Dileep Kumar Tiwari,Md.Khurshed Ahmad Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned counsel for the State as also Sri Mohan Singh, learned counsel for the 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 Case No. T-202104710504152 filed under Section 134 of U.P. Revenue Code, 2006 pending before the respondent No.2. It is stated that as per para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2021 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.2-Sub Divisional Magistrate, Tehsil-Amethi, District-Amethi, to consider and decide Case No. T-202104710504152, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one year from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 :- 17.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench