Neeraj Kumar Upadhyay v. Assistant Collector/ Tehsildar, Tehsil Kadipur, Sultanpur and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5803 of 2023 Petitioner :- Neeraj Kumar Upadhyay Respondent :- Assistant Collector/ Tehsildar, Tehsil Kadipur, Sultanpur And Others Counsel for Petitioner :- Suresh Kumar Upadhyay Counsel for Respondent :- C.S.C. 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 the opposite party No.2/Tehsildar, Tehsil-Kadipur, District-Sultanpur to decide the Case No.3120 of 2022, Computerized Case No.T-202204680403120, under Section 67 U.P. Revenue Code, 2006 titled as Gaon Sabha vs. Dayaram, pending before him, within specific time frame as Court may deem fit just and proper." Taking note of the averments made in the affidavit, the prayer sought, quoted above, as also that the proceedings, in issue, instituted by the Gaon Sabha should be concluded as per statutory provision particularly Rule 67(6) of the U.P. Revenue Code, 2006 which says that the proceedings under Section 67 should be decided preferably 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, the petition is disposed of with a direction to the respondent No.1-Assistant Collector/Tehsildar, Tehsil-Kadipur, District-Sultanpur to consider and decide Case No.3120 of 2022, Computerized Case No.T-202204680403120, most expeditiously, after affording full opportunity of hearing to the parties to the litigation but without granting any unnecessary 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. 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 :- 9.11.2023/Vinay/- High Court of Judicature at Allahabad, Lucknow Bench