Safar Ali v. Tehsildar/ Assistant Collector Tarabganj, Gonda and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5881 of 2023 Petitioner :- Safar Ali Respondent :- Tehsildar/ Assistant Collector Tarabganj, Gonda And Others Counsel for Petitioner :- Pradeep 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. Present petition has been filed for the following main relief:- "(i) Suitable direction commanding opposite party No. 1/Tehsildar/Assistant Collector-Tarabganj, District Gonda/Executing Court to decide the Execution Application dated 05.09.2023 filed Under Para 460 of U.P. Revenue Court Manual for execution of decree and order dated 28.07.2023, passed by Tehsildar/Assistant Collector-Tarabganj, District Gonda in Case No. 388/2023 (Computer Case No. T202308300600388), titled as Gram Sabha Versus Sanjay Sharma, U/s-67 of U.P. Revenue Code-2006, having been initiated on the application of petitioner, within specific time frame preferably within three months, contained as Annexure No. 2, to this petition." Considering the facts, as stated, as also the statutory provision, as per which the proceedings under Section 67 of U.P. Revenue Code, 2006 should be concluded within a period of 90 days, this Court is of the view that no fruitful purpose would be served in keeping the present petition pending. Accordingly, present petition is disposed of with direction to respondent No.1-Tehsildar/Assistant Collector-Tarabganj, District-Gonda/Executing Court to conclude the proceedings of the case, in issue, i.e. Case No. 388/2023, Computer Case No. T202308300600388, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of 90 days from the next date fixed in the case, if there is no other legal impediment in this regard. With the aforesaid observations, the petition is disposed of. Order Date :- 9.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench