Allahabad High Court
Shri Prakash vs State Of U.P. Thru. Prin. Secy., ... on 19 September, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:59864
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4617 of 2023
Petitioner :- Shri Prakash
Respondent :- State Of U.P. Thru. Prin. Secy., Revenue, Lucknow And 18 Others
Counsel for Petitioner :- Anil Kumar Maurya,Dr.Pramod Kumar Maurya
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
1. Heard.
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 seeks expeditious disposal of Case No. 1425 of 2019 (Computerized Case no. T201904040201425 , Parasnath Verma Vs. Bhikhari and Others) pending before the respondent No.2.
4. Submission of learned counsel for the petitioner for the purpose of relief sought is to the effect that an application under Section 80 of U.P. Revenue Code, 2006 (in short "Code, 2006") registered as Case No. 1425 of 2019 (Computerized Case no. T201904040201425 , Parasnath Verma Vs. Bhikhari and Others) was decided finally on 18.04.2019 and on coming to know about the said order, the petitioner being aggrieved preferred an application dated 04.07.2020 for recall of final order dated 18.04.2019 specifically indicating therein that application under Section 80 under the Code, 2006 would not be maintainable with regard to un-partitioned land, thereafter, the said application was allowed vide order dated 15.11.2022. Now, the case is to be decided finally.
5. Learned counsel for the petitioner has placed reliance on the judgment passed by this Court on 16.02.2023 in Maya Singh Vs. State of U.P. (Writ B No. 54 of 2023).
6. It would be appropriate to indicate that any observation made on the merits of the case would prejudice the right of the parties pending before respondent no.2/Sub-Divisional Officer (Judicial), Jalalpur, District-Ambedkar Nagar. Accordingly, this Court is not observing on the merits of the case.
7. Taking note of the facts and circumstances of the case, indicated above, as also that the applicationdated 25.08.2018 under Section 80 of Code, 2006, should be decided at earliest, this Court directs the respondent no. 2/Sub-Divisional Officer (Judicial), Jalalpur, District-Ambedkar Nagar to decide the pending application under Section 80 of Code, 2006, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment.
8. 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.
9. With the aforesaid, the petition is disposed of.
Order Date :- 19.9.2023
Mohit Singh/-
