Moinuddin @ Gaus Moinuddin Niyaz Ullah Siddique v. Tehsildar, Tehsil Dalmau,Raebareli and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5434 of 2023 Petitioner :- Moinuddin @ Gaus Moinuddin Niyaz Ullah Siddique Respondent :- Tehsildar, Tehsil Dalmau,Raebareli And 2 Others Counsel for Petitioner :- Deepak Kumar Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent is dispensed with. Present petition has been filed for the following main relief:- "To direct the Opposite Party No.1-Tehsildar, Tehsil-Dalmau, District-Raebareli to decide the Case No.839 of 2023, Computerized Case No.T202310580500839, "Gaon Sabha Versus Smt. Khatija Bano" under section-67 of U.P. Revenue Code, 2006 pending before him since

09.05.2023 expeditiously within a stipulated period as fixed by this Hon'ble Court as contained in Annexure No. 1 to this petition." It is submitted that the proceedings, in issue, under Section 67 of the U.P. Revenue Code, 2006 is pending since May, 2023, though, as per statutory provision proceedings under Section 67 of the U.P. Revenue Code, 2006 should be concluded preferably within a period of 90 days. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1-Tehsildar, Tehsil-Dalmau, District-Raebareli to consider and decide the Case No.839 of 2023, Computerized Case No.T202310580500839, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three 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 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 :- 19.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench