Allahabad High Court
Saheb Deen And Another vs State Of U.P. Thru. District ... on 27 September, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:62585
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4838 of 2023
Petitioner :- Saheb Deen And Another
Respondent :- State Of U.P. Thru. District Magistrate, Gonda And 8 Others
Counsel for Petitioner :- Pradeep Kumar Shukla
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.
Present petition has been filed for the following main relief:-
"i. suitable direction commanding opposite party No. 2/Additional District Magistrate (Finance & Revenue)/Addl. Collector, District Gonda/learned Trial Court to decide the Case No. 0799 of 2021 (Computer Case No.D202108300000799), titled as Saheeb Deen and others Versus Smt. Nirmala Devi and others, filed U/s- 198(4) of U.P. Z.A. and L.R. Act and now being tried U/s- 128 of U.P. Revenue Code, pending before him within three months, contained as Annexure No. 1, to this petition."
Sri Udai Veer Singh, learned counsel for the State says that an application under Section 5 of Limitation Act alongwith application under Section 128 of U.P. Revenue Code, 2006 registered as Case No. 0799 of 2021, Computer Case No.D202108300000799 (Saheeb Deen and others Versus Smt. Nirmala Devi and others) filed under Section 198(4) of U.P. Z.A. and L.R. Act, has not been disposed of till date, as such the present petition is not maintainable at this stage, however, he says that if a direction is issued to authority concern to consider the same in the light of judgment passed by Division Bench of this Court in the case of Ram Prakash vs. Deputy Director of Consolidation, Hardoi & Others, decided on 03.02.2022, then in that eventuality the justice would suffice.
Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.2/Additional District Magistrate (Finance & Revenue)/ Additional Collector, District Gonda, to consider and decide the case after taking note of the judgment, referred above as also the provisions related to dealing with the case instituted under Section 198(4) of U.P.Z.A. & L.R. Act, 1950, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the date a certified copy of this order is placed before the Authority concerned, 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 :- 27.9.2023
Jyoti/-
