Allahabad High Court
Radhe Shyam vs Sub Divisional Magistrate Faizabad And ... on 15 March, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 847 of 2023 Petitioner :- Radhe Shyam Respondent :- Sub Divisional Magistrate Faizabad And 3 Others Counsel for Petitioner :- Rohit Kumar Singh,Abhishek Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Supplementary affidavit filed today is taken on record.
Heard.
In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.2 to 4 is dispensed with.
By means of the instant petition, the petitioner seeks expeditious disposal of Appeal under Section 35 (2) of the U.P. Revenue Code, 2006 in Case No. T-202204230705721 (Radhe Shyam and Another vs. Amar Pratap and Others) pending before the respondent No.1.
It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.
Learned standing counsel submits that he has no objection in case an expedite order is passed.
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-Sub Divisional Magistrate, Tehsil-Ruduali, District-Ayodhya/Faizabad to consider and decide the pending Appeal under Section 35 (2) of the U.P. Revenue Code, 2006 in Case No. T-202204230705721 (Radhe Shyam and Another vs. Amar Pratap and Others) most expeditiously, 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 date an authenticated copy of this order is placed before the authority concerned, if there is no other legal impediment.
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 :- 15.3.2023 Vinay/-