Allahabad High Court
Sahabuddin vs Sub-Divisional Magistrate Lambhua ... on 2 March, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- WRIT - C No. - 1590 of 2023 Petitioner :- Sahabuddin Respondent :- Sub-Divisional Magistrate Lambhua Distt. Sultanpur And 2 Others Counsel for Petitioner :- Bhup Chandra Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.
Heard Sri Bhup Chandra Singh, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned State counsel for the State-respondent No. 1 and Sri Mohan Singh, learned counsel for the respondent No. 2/Gram Sabha concerned.
By means of this petition, the petitioner has prayed for the following main relief:-
"(i). Issue a writ, order or direction in the nature of Certiorari thereby quash the recall application dated 30.06.2021 (contained as annexure no. 1) filed by the stranger private opposite party no. 3 without any locus standi against the order dated 29.06.2018 passed by the Sub-Divisional Magistrate, Lambhua, District- Sultanpur under section 38(2) of U.P. Revenue Code, 2006 in case no. 04301/2017, Sahabuddin versus Gram Sabha' relating to the Gata No. 128Ga, measuring area 0.359 hectare and Gata No. 140Ka, measuring area 0.278 hectare of Khata no. 147 and Gata no. 139Kha measuring area 0.190 hectare of Khata no. 141 situated in village- Duari, Pargana- Chanda, Tahsil- Lambhua, District- Sultanpur in the interest of justice."
After arguing the matter at some length, learned counsel for the petitioner says that justice would suffice if a direction is issued to the respondent No. 1/Sub Divisional Magistrate, Lambhua, District Sultanpur to decide the Case No. 04301/2017 expeditiously.
Considering the aforesaid as also that the prayer of expeditious disposal of the application has not been opposed, the present petition is disposal of finally with a direction to respondent No. 1/Sub Divisional Magistrate, Lambhua, District Sultanpur to make all endeavour to decide the pending Case No. 04301/2017 expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably say within a period of three months from the date a certified copy of this order is placed 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 finally.
Order Date :- 2.3.2023/Arun/-