Asha Devi v. Sub Divisional Magistrate, Tehsil Sadar, Sultanpur and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6120 of 2023 Petitioner :- Asha Devi Respondent :- Sub Divisional Magistrate, Tehsil Sadar, Sultanpur And Others Counsel for Petitioner :- Anil Kumar Yadav,Achal Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Anil Kumar Yadav, learned counsel for the the petitioner, Sri Hemant Pandey, learned standing counsel for the State and perused the record.

¶2The instant petition has been filed with the following relief:- I. Issue a direction to the opposite party No.1 i.e Sub -Divisional Magistrate, Tehsil-Sadar, District-Sultanpur to decide an application under Section-80 U.P. Revenue Code, 2006 moved by the petitioner which is pending before the opposite party no.1 within a stipulated time as prescribed by the Hon'ble Court which was filed on 01.02.2023 within a stipulated period of time. II. Any other order or direction may also be passed as this Hon'ble Court deems fit and proper in the facts and circumstances of the case. III. The cost of the petition may also be allowed.

¶3The learned counsel appearing for the petitioner submits that the matter is pending consideration and the same has still not been decided. He added that the interest of justice would sub-serve if this Hon'ble Court would be pleased to direct the opposite party no. 1 to decide an application under Section-80 U.P. Revenue Code, 2006 within a stipulated period of time as may be fixed by this Court.

¶4The learned Standing Counsel has no objection to the contention aforesaid.

¶5In view of the aforesaid innocuous prayer, the Sub Divisional Magistrate, Tehsil-Sadar, District-Sultanpur is hereby directed to decide an application under Section-80 U.P. Revenue Code, 2006 moved by the petitioner, filed by the petitioner, within a period of three months, from the date of certified copy is produced before it, in accordance with law, after affording opportunity of hearing to all the parties, if there is no legal impediment.

¶6The aforesaid order is subject to cooperation of the petitioner.

¶7Accordingly, the instant petition is disposed of. Order Date :- 7.12.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench