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Allahabad High Court

Prem Shankar vs State Of U.P Thru. Prin. Secy. Revenue, ... on 5 September, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58467
 
Court No. - 18
 
Case :- MATTERS UNDER ARTICLE 227 No. - 4412 of 2023
 
Petitioner :- Prem Shankar
 
Respondent :- State Of U.P Thru. Prin. Secy. Revenue, Lucknow And 20 Others
 
Counsel for Petitioner :- Udai Bhan Pandey,Umeshwar Pratap Pandey
 
Counsel for Respondent :- C.S.C.,Namit Sharma
 

 
Hon'ble Saurabh Lavania,J.
 

1. Heard. Notice on behalf of respondent nos. 1 to 3 has been accepted by Office of Chief Standing Counsel. Shri Namit Sharma, learned counsel has accepted notice on behalf of respondent no. 4.

2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

3. By means of this petition, the petitioner seek direction to opposite party No.3 to decide case No. 28/26/44/60/2012-2013, Computerized Case No. D-200710460036 (Prem Shankar Vs. State of U.P. and others) filed under Section 229B of U.P.Z.A. & L.R. Act 1950.

4. Considered the fact that suit, in issue, registered as Case No. 28/26/44/60/2012-2013, Computerized Case No. D-200710460036 (Prem Shankar Vs. State of U.P. and others) filed under Section 229B of U.P.Z.A. & L.R. Act 1950 filed in October 2006 is pending till date and as per Para 458 (1) of U.P. Revenue Court Manual, a suit of such nature should be decided preferably within a period of one year.

5. Accordingly, taking note the aforesaid, this petition is disposed of with a direction to the respondent No.3/Sub Divisional Officer Sadar, District- Lucknow to consider and decide the Case No. 28/26/44/60/2012-2013, Computerized Case No. D-200710460036 (Prem Shankar 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 within a period of one year from the next date fixed in the case.

6. 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.

7. With the aforesaid, the petition is disposed of.

Order Date :- 5.9.2023 Mohit Singh/-