Rajendra Kumar v. Addl. Collector, Barabanki and 8 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5338 of 2023 Petitioner :- Rajendra Kumar Respondent :- Addl. Collector, Barabanki And 8 Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. 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.1208 of 2022, Computerized Case No.D-202204120001208 filed under Section 128 of the U.P. Revenue Code, 2006 pending before the respondent No.1. Considering the facts of the case as indicated in the present petition including that the case, in issue, instituted under Section 128 of the U.P. Revenue Code, 2006, is pending since April, 2022 and also that as per Rule 126(6) of the U.P. Revenue Code Rules 2016 made under the U.P. Revenue Code, 2006, the Collector shall make all endeavour to conclude the inquiry within a period of three months from the date of issuance of notice and if the inquiry is not concluded within the period of three months, the reasons for delay shall be recorded, 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.1-Addional Collector, District-Barabanki to consider and decide Case No.1208 of 2022, Computerized Case No.D-202204120001208, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party, strictly in terms of Rule 126(6) of the U.P. Revenue Code, Rules 2016 made under the U.P. Revenue Code, 2006. It is made clear that this 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 :- 18.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench