Disposed

Ajai Kumar Soni and Another v. Sub Divisional Officer Maharajganj District Rae Bareli and 5 Others

Allahabad HC14 May 2024/2374/2024

Case brief

AI extract

What is this about?

This petition under Article 227 sought direction to decide a pending land case filed under Section 116 of U.P. Revenue Code, 2006 which had delayed past the statutory six-month limit. The court disposed of the matter without deciding merits, granting liberty to move an urgency application before the concerned authority.

What did the court decide?

Liberty granted to petitioner to seek early disposal via urgency application before the respondent; respondent directed to decide it expeditiously.

Ajai Kumar Soni and Another Vs Sub Divisional… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36855

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 2374 of 2024

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Petitioner :- Ajai Kumar Soni And Another Respondent :- Sub Divisional Officer Maharajganj District Rae Bareli And 5 Others Counsel for Petitioner :- Bhupendra Yadav Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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Hon'ble Manish Kumar,J.

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Heard.

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Present petition has been preferred to direct the respondent no. 1-Sub-Divisional Officer, Tehsil Maharajganj, District Rae Bareli to decide the case no. 5030 of 2022, Computerized Case no. T-202210580105030 titled as Ajai Kumar Soni and another VS. Sheekant & others filed under Section 116 of U.P. Revenue Code, 2006, which is pending before him since 05.12.2022.

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It is further submitted that as per Rule 109 (10) of the U.P. Revenue Code Rules, 2016, respondent no. 1 is to decide the case within a period of six months and in case of petitioner, six months' period has already expired on 05.06.2023.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any application for early disposal of the proceedings pending under Section 116 of the Code, 2006 by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the application expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the proceedings pending under Section 116 of the Code, 2006 before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated time fix by this Court.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency

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application for early disposal of case no. 5030 of 2022, Computerized Case no. T-202210580105030 titled as Ajai Kumar Soni and another VS. Sheekant & others filed under Section 116 of U.P. Revenue Code, 2006, which is pending since 05.12.2022 before respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 14.5.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Ajai Kumar Soni and Another v. Sub Divisional Officer Maharajganj District Rae Bareli and 5 Others

Case brief

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Ajai Kumar Soni and Another v. Sub Divisional Officer Maharajganj District Rae Bareli and 5 Others

Case brief

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