Ved Prakash v. Addl. Commissioner, Judicial 2 Nd, Lucknow Division, Lucknow and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5509 of 2023 Petitioner :- Ved Prakash Respondent :- Addl. Commissioner, Judicial 2 Nd, Lucknow Division, Lucknow And Others Counsel for Petitioner :- Hukum Singh,Ajaiy Kumar Mishra,Kapil Dev Chaubey Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned counsel for the State as also Sri Dilip Kumar Pandey, 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 Appeal No.C-20171000139 filed under Section 331 of the U.P.Z.A. & L.R.Act, 1950 pending before the respondent No.1. It is stated that petitioner is respondent No.1 in the Appeal, in issue, which is pending as Appeal No.C-20171000139 since February, 2017, though, as per Para 458(2) of U.P. Revenue Court Manual, the appeal or revision, as the case may be, should be decided preferably within a period of six months and account of pendency of the same, petitioner is suffering great hardship and mental agony. 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.1-Addiitonal Commissioner, Judicial 2nd, Lucknow Division, Lucknow to consider and decide Appeal No.C-20171000139, 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 six months 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 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 :- 19.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench