Allahabad High Court
Gaya Prasad vs State Of U.P. Thru. Addl. Chief Secy., ... on 1 August, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:50460 Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 3803 of 2023 Petitioner :- Gaya Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue, Lucknow And 13 Others Counsel for Petitioner :- Richa Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.
By means of this petition, the petitioner seeks expeditious disposal of Case No. T202204230407773 (Gaya Prasad Vs. State of U.P. and others), filed under Section 134 of U.P. Revenue Code, 2006, which is pending before the respondent No. 2/Sub Divisional Magistrate, Milkipur, Ayodhya.
The submission of petitioner's counsel is that the petitioner instituted a case in the month of December, 2022 under Section 134 of U.P. Revenue Code, 2006 (in short "Code of 2006") registered as Case No. T202204230407773 (Gaya Prasad Vs. State of U.P. and others) with a prayer to remove the encroachers from the plot of the petitioner i.e. Gata No. 1532/0.349 hectare and provide the vacant possession of the same to the petitioner, in which, the Court directed the Office to register the case and issue notice to the party concerned. It is also stated that the next date fixed in the case is 10.08.2023 and in between, on account of reasons beyond control to the petitioner, no effective order could be passed by the Court concerned. It is also stated that on account of pendency of the case, in issue, the petitioner is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case.
Learned State counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances of the case, 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 to consider and decide theCase No. T202204230407773 (Gaya Prasad Vs. State of U.P. and others) 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 one year from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.
The petitioner is directed to file an affidavit of undertaking before the Authority concerned that he would appear on each date fixed in the case and will not take any adjournment before the Authority concerned.
It is made clear that the 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 :- 1.8.2023 Arun/-