Allahabad High Court
Raj Dev vs The Court Of Sub Divisional Magiastrate ... on 13 September, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:58947 Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 4553 of 2023 Petitioner :- Raj Dev Respondent :- The Court Of Sub Divisional Magiastrate Tehsil Mohanlalganj Lko. And 4 Others Counsel for Petitioner :- Garima Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J.
1. Heard.
2. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.
3. The present petition has been filed with the following prayer:-
"(i) direct the Opposite Party No. 1 i.e. The court of Sub-Divisional Magistrate, Tehsil Mohanlalganj, District Lucknow to decide the Case No 30267 of 2022 bearing computerized case No T202210460330267; Raj Dev Vs. Ravindra Kumar and others, Under Section 116 of U.P. Revenue Court 2006 expeditiously as this Hon'ble Court may deemed fit which is pending before Opposite Party No. 1 since 2022 (contained in Annexure No.1 to this petition), in the interest of justice."
4. Considering the fact that the petitioner, who is aged about 60 years, instituted a case registered asCase No 30267 of 2022, Computerized Case No T202210460330267, (Raj Dev Vs. Ravindra Kumar and others) under Section 116 of U.P. Revenue Code, 2006 (in short "Code of 2006") and the same is pending consideration before the opposite party No.1-The court of Sub-Divisional Magistrate, Tehsil Mohanlalganj, District Lucknow as also that as per Rule 109 (10) of the Uttar Pradesh Revenue Code Rules, 2016, the case of such nature should be decided preferably within a period of six months and in the instant case, the case which was instituted in the year 2022 has not been disposed of till date, the present petition is disposed of with direction to opposite party No.1-The court of Sub-Divisional Magistrate, Tehsil Mohanlalganj, District Lucknow to decide the case most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, finally within a period of eight months from the next date fixed before it, if there is no other legal impediment in this regard.
5. 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.
6. With the aforesaid, the petition is disposed of.
Order Date :- 13.9.2023/Raj