Krishna Devi v. State of U.P. Thru. Collector, Ayodhya and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5559 of 2023 Petitioner :- Krishna Devi Respondent :- State Of U.P. Thru. Collector, Ayodhya And Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh 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.5738 of 2022, Computerized Case No.T-202204230405738 filed under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.2. Considering the facts, as stated, that the suit, in issue, under Section 116 of the U.P. Revenue Code, 2006 is pending since September, 2022 as also that till date application seeking interim protection has also not been disposed of, though, the suit itself in view of Rule 109(10) of U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006, should be decided preferably within a period of six months, 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-Up-Ziladhikari, Tehsil-Milkipur, District-Ayodhya to consider and decide Case No.5738 of 2022, Computerized Case No.T-202204230405738, 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 three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. The respondent No.2 is also directed to consider and decide the application for interim protection expeditiously say within a period of one month from the date of production of certified copy of this order. 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 :- 31.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench