The High Court dismissed the petitioner's request for an order expediting the disposal of a Section 144 suit pending for six months. The Court directed the Sub-Divisional Magistrate to conclude proceedings within one year from the filing date, adhering to the Revenue Court Manual.
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Neutral Citation No. - 2024:AHC-LKO:284
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 6550 of 2023
Petitioner :- Salma
Respondent :- State Of U.P. Thru. Distt. Magistrate Bahraich And 2 Others Counsel for Petitioner :- Anil Kumar Shukla Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
By means of this petition, the petitioner has sought the following main relief:-
"(I) Issue a direction to the opposite party no. 2 to ensure the expedite disposal of the Case No.- 5979/2023, computerized case no. T202308150305979, Salma Versus Gaonsabha, filed under section 144 of the Uttar Pradesh Revenue Code, 2006 which is pending since 18/04/2023 before opposite party no.2 as expeditious as possible or within a period as stipulated by this Hon'ble court."
Taking note of the fact that the suit under Section 144 of U.P. Revenue Code, 2006 (in short "Code of 2006") was instituted in the month of April, 2023, this Court is not inclined to accede the main relief sought in this petition at this stage. However, it is expected that the respondent No.2/Sub-Divisional Magistrate, Tehsil Kaiserganj, District Bahraich shall make all endeavour to conclude the proceedings, after affording full opportunity of hearing to the parties to the litigation, in terms of para 458(1) of U.P. Revenue Court Manual , as per which, a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same.
It is made clear that the 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 :- 3.1.2024 Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether to direct the expedited disposal of a section 144 suit under the Uttar Pradesh Revenue Code, 2006 pending since 2023.
Whether the suit should be decided within the time limit prescribed under para 458(1) of U.P. Revenue Court Manual.
1 provisions across 1 enactments
Salma
State Of U.P. Thru. Distt. Magistrate Bahraich
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
