Manzoorul Haq Khan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25972 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61438
 
Court No. - 18
 
Case :- WRIT - C No. - 7795 of 2023
 
Petitioner :- Manzoorul Haq Khan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Civil Sectt. Lko. And 5 Others
 
Counsel for Petitioner :- Mohd. Salman
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Saurabh Lavania,J.

Heard.

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

The present petition has been filed for the following main reliefs:

"a. Issue a writ, order or direction in the nature certiorari quashing the interim order dated 29-08-2023 passed by the O.P.No.2 Sri Avdhesh Kumar, Sub Divisional Magistrate, Utraula, District- Balrampur annexed as Annexure No.10 thereby cancelled the order dated 24-07-2019 passed by the then Additional S.D.M. Sri Ajeet Kumar Jaiswal appended as Annexure No.8 ignoring the notice, spot memo, Seemankan Aakhya and Executive application and allowed the recall application.

b. Issue a writ, order or direction in the nature of mandamus commanding thereby to the O.P.No.2 to decide the application dated 11-12-2017 (marked as Annexure No.2), for expeditious disposal of Case No.02669/2018, Computerized No.T201808100302669 bearing title as Manzoorul Haq versus Rahmullah and others pending before the O.P.No.2."

On being confronted based upon the judgment of Hon'ble Apex Court in the case of Ramji Das & Others vs. Mohan Singh reported in 1978 ARC 496, according to which, the opportunity of hearing should not be shut down rather it should be provided, learned counsel for the petitioner says that justice would suffice if direction is issued to the authority concerned to conclude the proceedings within time specified as the issue relates to demarcation covered under Section 24 of the U.P. Revenue Code, 2006 (in short "Code, 2006") was instituted on 11.12.2017 and the relevant provision i.e. Section 24(3) of Code, 2006 itself says that the proceedings should be decided within a period of three months.

Accordingly, this petition is disposed of with a direction to the respondent No. 2- Sub Divisional Magistrate, Utraula, District- Balrampur to consider and decide Case No.02669/2018, 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 two months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.

It is made clear that this 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 :- 22.9.2023/Mohit Singh/-